- 1 - HC-KAR NC: 2025:KHC:23385 MFA No. 1112 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1112 OF 2023 (ECA) BETWEEN: WILSON D’SOUZA S/O DENNIS D’SOUZA, AGED ABOUT 40 YEARS, R/O VITTALANAGARA, KURUVALLI, THIRTHAHALLI, SHIVAMOGGA-577 432 …APPELLANT (BY SRI. ASHWATH C.M., ADVOCATE) AND: 1. NARASIMHAMURTHY SINCE DEAD REP. BY LEGAL HEIR 1A. RAMANI S., W/O LATE NARASIMHAMURTHY, AGED ABOUT 38 YEARS, 1B. AKASH N., S/O LATE NARASIMHAMURTHY, AGED ABOUT 21 YEARS, 1C. ADARSH N., S/O LATE NARASIMHAMURTHY, AGED ABOUT 15 YEARS, SINCE RESPONDENT NO.1(C) IS MINOR, REP. BY NATURAL GUARDIAN MOTHER, RAMANI S., RESPONDENT NO.1 (A) TO 1 (C) R/AT MELINAKURUVALLI, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23385 MFA No. 1112 of 2023 THIRTHAHALLI TALUK, SHIVAMOGGGA -577 432 …RESPONDENTS (BY SRI. ANIL SHEKAR K.S., ADVOCATE) THIS MFA FILED U/S 30(1) OF EMPLOYEES COMPENSATION ACT, 1923 AGAINST THE JUDGMENT AND AWARD DATED 08.04.2022 PASSED IN E.C.A NO.1/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., ADDITIONAL MACT-14, THIRTHAHALLI, AWARDING COMPENSATION OF RS.9,10,325.346/- WITH INTEREST AT 12 PERCENT P.A. FROM EXPIRY OF ONE MONTH FROM THE DATE OF ACCIDENT TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in ECA.No.1/2016 dated 08.04.2022 by the Senior Civil Judge & JMFC and MACT, Thirthahalli, whereby the Tribunal had granted an amount of Rs.9,10,325.346/- along with the interest at the rate of 12% p.a. from expiry of one month from the date of accident till its realization, the present appeal is filed. 2. It is submitted that the parties have entered into comprise and they have settled the matter at an amount of Rs.15.00 lakhs and joint memo is filed before this court. In the joint memo is stated that employer has deposited an amount of Rs.10,29,890/- on 15.06.2023 and he has deposited an amount - 3 - HC-KAR NC: 2025:KHC:23385 MFA No. 1112 of 2023 of Rs.6,69,948/- inclusive of award amount and accrued interest before the Tribunal on 28.07.2023. In total an amount of Rs.16,99,938/- is deposited. Now as the parties have settled for an amount of Rs.15.00 lakhs, out of Rs.16,99,938/- remaining amount of Rs.1,99,838/- the appellant employer is permitted to withdraw. As on the date of filing of this appeal, the employee is no more, his wife and his two sons are on record. The first son Respondent No.1(b) is aged 21 years and the Respondent No.1(c) is aged 15 years. An I.A. is filed stating that DOB of Respondent No.1(c) is 05.12.2005 and he attained majority and the mother may be discharged from the guardianship and the respondent No.1(c) may be permitted to represent himself. 3. All the parties are present before this court. The wife and the two sons submit that they have agreed to settle this matter at an amount of Rs.15.00 lakhs and also the appellant/employer is also before this court. The mother expresses that they require an amount of Rs.3.00 lakhs for paying college fees and remaining amount shall be kept in fixed deposit so that they will be able to withdraw the interest. - 4 - HC-KAR NC: 2025:KHC:23385 MFA No. 1112 of 2023 4. Considering the joint memo filed before this court, this court is passing the following: i. The parties have compromised to receive/give an amount of Rs.15.00 Lakhs. The respondents are entitled for equal share in the amount. ii. Out of 15.00 lakhs, all the respondents are permitted to withdraw Rs.1.00 lakh each and remaining amount of Rs.12.00 lakhs shall be kept in fixed deposit i.e., Rs.4.00 lakhs each for a period of three years. They are entitled to withdraw the interest. iii. The remaining amount of Rs.1,99,838/- the appellant/employer is at liberty to withdraw the amount. iv. Accordingly, the MFA is disposed off. v. All pending I.As., in the appeal shall stand closed. vi. The Registry shall annex the joint memo along with the order copy. SD/- (LALITHA KANNEGANTI) JUDGE TS, List No.: 3 Sl No.: 1