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2025 DAILYLAW 9842 (KAR)

HANAMANTARAYA v. SHIVARAJKUMAR AND ANR

MFA/201563/2023 · 2025-03-08

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 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 VIJAYKUMAR A.PATIL AND SRI. LIYAQAT FAREED USTAD, MEMBER M.F.A. NO. 201563 OF 2023 (MV) Lok Adalat No.177/2025 BETWEEN: SRI HANAMANTARAYA S/O BHIMARAYA TOTAD AGED ABOUT 31 YEARS, OCC: CLEANER, R/O. HARNAL, TQ: DEVARAHIPPARAGI, NOW RESIDING AT GUMASTE COLONY, ASHRAM ROAD, VIJAYAPURA – 586101. ...APPELLANT (BY SRI SANGANAGOUDA BIRADAR, ADVOCATE) AND: 1. SRI SHIVARAJKUMAR S/O SHARANAPPA HIREKURUBAR AGED ABOUT 34 YEARS, OCC: BUSINESS, R/O. HARNAL, TQ: DEVARAHIPPARAGI, DIST: VIJAYAPURA – 586101. 2. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD. 2ND FLOOR, VKG COMPLEX, MG ROAD, VIJAYAPURA – 586101. …RESPONDENTS (BY SMT. PREETI PATIL, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) - 2 - THIS MFA IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 19.12.2022 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, VIJAYPUR IN ECA NO.37/2020. THIS APPEAL 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 global compensation of Rs.2,00,000/- (Rupees Two 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. Entire amount shall be released in favour of the claimant. - 3 - 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 amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. 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/- (VIJAYKUMAR A. PATIL) JUDGE Sd/- (LIYAQAT FAREED USTAD) MEMBER msr