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High Court of Karnataka · body

2025 DAILYLAW 61466 (KAR)

ANDAPPA BASAPPA KUMMI v. SRIKANTH S/O BIMAREDDI KONNUR

MFA/102366/2024 · 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.102366/2024 [ECA] C/W. MFA NO.102684/2023 (Lok Adalat No.1051/2025) IN MFA NO.102366/2024 BETWEEN: 1. ANDAPPA BASAPPA KUMMI, AGE: 56 YEARS, OCC: CLEANER, R/O. YAVAGAL, TQ. RON, DIST. GADAG, PIN-582209. 2. SMT. LALITAVVA ANDAPPA KUMMI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. YAVAGAL, TQ. RON, DIST. GADAG, PIN-582209. ...APPELLANT (BY SRI D. V. PATTAR, ADVOCATE) 2 AND 1. SRIKANTH S/O. BIMAREDDI KONNUR, AGE: 52 YEARS, OCC: TRANSPORT BUSINESS AND OWNER OF LORRY BEARING REG.NO.KA-22/A-8820, R/O. YAVAGAL, TQ. RON, DIST. GADAG, PIN-582209. 2. THE REGIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., (T.P.HUB), PINTO ROAD, HUBBALLI, PIN-580023. …RESPONDENTS (BY SRI N. R. KUPPELUR, ADVOCATE FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN’S COMPENSATION ACT 1923, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE HON’BLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BAGALKOT AT: BAGALKOT DATED 31.03.2023 IN E.C.A. NO.06/2022 AND ALLOW THE APPEAL, AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE. 3 IN MFA NO102684/2023 BETWEEN: THE REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, KALBURGI-BHADRAPUR INFINITE, 2ND FLOOR, PINTO ROAD, HUBBALLI, REPRESENTED BY ITS REGIONAL MANAGER. ...APPELLANT (BY SRI N. R. KUPPELUR, ADVOCATE) AND 1. SRI ANDAPPA S/O. BASAPPA KUMMI, AGE: 56 YEARS, OCC: CLEANER, R/O. YAVAGALI, TQ. RON, DIST. GADAG-580021. 2. SMT. LALITAVVA W/O. ANDAPPA KUMMI, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. YAVAGALI, TQ. RON, DIST. GADAG-580021. 3. SRIKANTH S/O. BHIMAREDDI KONNUR, AGE: 52 YEARS, OCC: TRANSPORT BUSINESS, R/O. YAVAGALI, TQ. RON, DIST. GADAG-580021. ((OWNER OF THE LORRY BEARING NO.KA-22/A8820). …RESPONDENTS (BY SRI D. V. PATTAR, ADVOCATE FOR R1 AND R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE WORKMEN’S COMPENSATION ACT 4 1923, AGAINST THE JUDGMENT AND AWARD DATED 31.03.2023, PASSED IN ECA.NO.6/2022, ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BAGALKOT AT BAGALKOT, AWARDING COMPENSATION OF RS.16,00,000/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THESE APPEALS BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING: CONCILIATION ORDER Representative of the Appellant/Insurance Company along with its counsel and learned counsel for the respondent/Claimants are present. 2. After prolonged negotiations, matter is settled. Respondent/Claimants have agreed to receive and the Appellant/Insurance Company has agreed to pay a sum of Rs.13,00,000/- (Rupees Thirteen Lakh Only) with interest at the rate of 12% per annum after 30 days from the date of accident till the date of deposit 5 instead of Rs.16,00,000/- along with interest at 9% per annum awarded by the Commissioner, 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 Appellant/Insurance Company has agreed to deposit the said amount, less what has already been deposited, within six weeks from today, 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. The apportionment with regard to amount of Rs.13,00,000/- shall be as per the order of the Commissioner. 5. Out of the amount falling to the share of each respondent/claimants, 30% of the amount shall be kept in a Fixed Deposit in any Nationalised Bank for a 6 period of three years and the remaining 70% of the amount shall be released in their favour. 6. Miscellaneous First Appeal No.102684/2023 filed by the Insurer stands disposed of in terms of the Joint Memo. Award of the Tribunal shall stand modified accordingly. Draw up the award accordingly. 7. In view of disposal of MFA No.102684/2023 filed by the Insurer, the appeal in MFA No.102366/2024 filed by the Claimants is also disposed of. The amount in deposit, if any, shall be transmitted to the concerned Tribunal, forthwith. Sd/- JUDGE Sd/- MEMBER CKK/CT-AN