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2025 DAILYLAW 10563 (KAR)

SHARANAPPA v. MANIKAPPA AND ANR

MFA/201412/2018 · 2025-03-08

Lok Adalath

body2025

Judgment text

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- - 1 HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI BEFORE THE LOK-ADALAT IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF MARCH, 2025 CONCILIATORS PRESENT THE HON’BLE MR. JUSTICE C.M. JOSHI AND SRI SUDHIRSINGH R. VIJAPUR, MEMBER M.F.A. NO.201858 OF 2017(ECA) C/W. M.F.A. NO.201412/2018(ECA) LOK ADALAT NO.153/2025 IN M.F.A. NO.201858/2017: BETWEEN SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPRR RIICO, INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN, (AUTHORISED SIGNATORY). ...APPELLANT (BY SRI SUBHASH MALLAPUR, ADVOCATE) AND 1. SHARNAPPA S/O MARUTHI, AGE: 33 YEARS, OCC: DRIVER, R/O SIRKATNALLI, TQ. & DIST. BIDAR-585 401. 2. MANIKAPPA S/O TUKKAPPA, AGE: MAJOR, OCC: BUSINESS, - - 2 R/O TALMADGI, TQ. HUMNABAD, DIST. BIDAR-585 401. …RESPONDENTS (BY SRI SANTOSH BIRADAR, ADVOCATE, FOR R1; V/O DTD. 04.01.2024, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, PRAYING TO CALL FOR RECORDS IN ECA NO. 29/2014 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT BIDAR, EXAMINE THE SAME AND ON BEING SATISFIED, BE PLEASED TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 18.07.2017 PASSED IN ECA NO. 29/2014. IN M.F.A. NO.201412/2018: BETWEEN SHARANAPPA S/O NARUTHI, AGE: 34 YEARS, OCC: DRIVER, NOW NIL, R/O SRIKATNALLI, TQ. AND DIST. BIDAR. ...APPELLANT (BY SRI SANTOSH BIRADAR, ADVOCATE) AND 1. MANIKAPPA S/O TUKKAPPA, AGED: MAJOR, OCC: BUSINESS, R/O TALMADGI, TQ. HUMNABAD, DIST. BIDAR-585 330. 2. SHRIRAM GENERAL INSURANCE CO. LTD., 3-8-EPRR RICO, SITAPURA, JAIPUR, RAJASTHAN-302 022. …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADVOCATE, FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE’S COMPENSATION ACT, PRAYING TO MODIFY THE IMPUGNED JUDGMENT AND AWARD DATED 18.07.2017 PASSED BY THE COURT OF 2ND ADDL. SENIOR CIVIL JUDGE - - 3 AND JMFC BIDAR IN ECA NO.29/2014 AND ENHANCE THE COMPENSATION. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THIS DAY, THE FOLLOWING ORDER IS PASSED: CONCILIATION ORDER The learned counsel for the Appellant/Claimant and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant/Claimant has agreed to receive and the Respondent-Insurance Company has agreed to pay a lump-sum compensation amount of Rs.1,00,000/- (Rupees: One Lakh Only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint Memo is filed on behalf of the parties to this effect. Same is accepted. 3. The entire amount shall be released in favour of the Claimant. 4. The Respondent-Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing which the said - - 4 amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. 5. The MFA No.201412/2018 stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. 6. In view of the settlement arrived in MFA No.201412/2018 filed by the claimant, the MFA No.201858/2017 filed by the Insurance Company also stands disposed of. 7. Draw up the award accordingly. Sd/- (C.M. JOSHI) JUDGE Sd/- (SUDHIRSINGH R. VIJAPUR) MEMBER SBS