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2025 DAILYLAW 60409 (KAR)

JAYAMMA W/O TAVARYANAIK LAMANI v. SHANMUKHAPPA S/O VEERABHADRAPPA ANVERI

MFA/101138/2019 · 2025-12-13

Lok Adalath

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Judgment text

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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.101138/2019 [ECA] (Lok Adalat No. 1056/2025) BETWEEN: 1. JAYAMMA W/O. TAVARYANAIK LAMANI, AGE: 40 YEARS, OCC: COOLIE WORK, R/O. ARIKATTE TANDE, NAGAVAND VILLAGE, TQ. HIREKERUR, DIST. HAVERI. 2. HANAUMANTHAPPA S/O. TAVARYANAIK LAMANI, AGE: 21 YEARS, OCC: STUDENT, R/O. ARIKATTE TANDE, NAGAVAND VILLAGE, TQ. HIREKERUR, DIST. HAVERI. 3. NAGARAJ S/O. TAVARYANAIK LAMANI, AGE: 19 YEARS, OCC: STUDENT, R/O. ARIKATTE TANDE, NAGAVAND VILLAGE, TQ. HIREKERUR, DIST. HAVERI. 2 4. KIRAN S/O. TAVARYANAIK LAMANI, AGE: 18 YEARS, OCC: STUDENT, R/O. ARIKATTE TANDE, NAGAVAND VILLAGE, TQ. HIREKERUR, DIST. HAVERI. ...APPELLANTS (BY SRI CHANDRASHEKHAR M. HOSAMANI, ADVOCATE) AND 1. SHANMUKHAPPA S/O. VEERABHADRAPPA ANVERI, AGE: MAJOR, OCC: AGRICULTURIST & BUSINESS, R/O. NAGAVNAD VILLAGE, TQ. HIREKERUR-581111, DIST. HAVERI. (OWNER OF THE VEHICLE TT UNIT BEARING REG.NO.KA-27/TA-7170 & 7171). 2. THE MANAGER LEGAL CLAIMS, UNITED INDIA INSURANCE CO. LTD., ENKAY COMPLEX, KESHWAPUR, HUBBALLI-580023. …RESPONDENTS (BY SRI S. S. KOLIWAD, ADV. FOR RESPONDENT NO.2) (SERVICE OF NOTICE ON RESP. NO.1 –DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, AGAINST THE JUDGMENT AND AWARD DATED 16.04.2018, PASSED IN ECA.NO.09/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HIREKERUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 3 THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: CONCILIATION ORDER The learned counsel for the Appellant/Claimants and the representative of Respondent-Insurance Company along with its counsel are present. 2. After prolonged negotiations, the matter is settled. The Appellant/Claimants have agreed to receive and the Respondent No.2/Insurance Company has agreed to pay a sum of Rs.2,15,000/- (Rupees Two Lakh Fifteen Thousand 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 Appellant/Claimants on proper identification. 4. The Respondent No.2/Insurance Company has agreed to deposit the said amount before the Tribunal 4 within six weeks from the date of preparation of 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. 5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. Sd/- JUDGE Sd/- MEMBER CKK/CT-AN