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High Court of Karnataka · body

2025 DAILYLAW 59369 (KAR)

SHRI. ABDUL S/O. IMAMSAB DEVALAPURE, v. SHRI. BALASAHEB B. PATIL,

MFA/100643/2017 · 2025-12-13

Lok Adalath

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BENCH BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF DECEMBER, 2025 CONCILIATORS PRESENT: HON’BLE MR.JUSTICE B. MURALIDHARA PAI AND SRI.PRASHANT MATHAPATI, MEMBER M.F.A.NO.100643/2017 [ECA] (LOK ADALAT NO.1065/2025) BETWEEN: SHRI ABDUL S/O. IMAMSAB DEVALAPURE, AGE: 49 YEARS, OCC: DRIVER, (NOW NIL), R/O. PLOT NO.3, AMBEDKAR COLONY, RAMATEERTH NAGAR, BELAGAVI, PIN CODE-590017. ...APPELLANT (BY SRI SANJAY S. KATAGERI, ADVOCATE) AND 1. SHRI BALASAHEB B. PATIL, C/O. BTP STRUCTURAL INDIA PVT. LTD., MACCHE INDUSTRIAL AREA, BELAGAVI, PIN CODE-590023. 2 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., ICICI LOMBARD HOUSE, 414, VEERSAVARKAR MARG, NEAR SIDDIVINAYAK TEMPLE, PRABHADEVI, MUMBAI-400025. THROUGH ITS BRANCH MANAGER, ICICI LOMBARD GENERAL INSURANCE CO. LTD., RPD CROSS, TILAKWADI, BELAGAVI, PIN CODE-590006. …RESPONDENTS (BY SRI ASHOK A. NAIK, ADV. FOR RESPONDENT NO.1) (BY SRI R. R. MANE, ADV. FOR RESPONDENT NO.2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEE COMPENSATION ACT, 1923, PRAYING TO THE JUDGMENT AND ORDER DATED 27.10.2016 PASSED IN E.C.A.NO.74/2014 (OLD W.C.NO.113/2012) BY THE 1 ADDL. SENIOR CIVIL JUDGE AND COMMISSIONER UNDER EMPLOYEES COMPENSATION ACT, BELAGAVI IN DISMISSING THE SAID PETITION, BE KINDLY SET ASIDE, BY AWARDING THE COMPENSATION OF RS.8,00,000/- WITH INTEREST @ 12% PER ANNUM FROM ONE MONTH AFTER THE INCIDENT, TILL THE DATE OF PAYMENT BY HOLDING RESPONDENTS NO.1 AND 2 HEREIN JOINTLY AND SEVERALLY LIABLE TO PAY THE COMPENSATION, WITH COST, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: 3 CONCILIATION ORDER The learned Counsel for the Appellant/Claimant and the representative of Respondent No.2-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 No.2/Insurance Company has agreed to pay a sum of Rs.3,75,000/- (Rupees Three Lakh Seventy Five Thousand Only) as against the order of the ECA Court, 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 Appellant/Claimant on proper identification. 4. The Respondent No.2/Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of the award, failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. The parties are not entitled to any cost. 4 5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER CKK/CT-AN