A Lok Adalat conciliation order settled a dispute over enhanced wages and compensation under the Employees' Compensation Act. The insurance appellant agreed to pay Rs. 65,000 as a full and final settlement instead of the tribunal's award.
Agreement to pay Rs. 65,000 as full and final settlement; appeals disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF OCTOBER, 2020
CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B.A. PATIL
&
SRI. M.N. UMASHANKAR, MEMBER
M.F.A. No. 4794/2017 (WC) (Lok Adalat No.1088/2020) C/w
M.F.A. No. 3920/2018 (WC) (Lok Adalat No. 1089/2020)
In M.F.A. No. 4794/2017 :
BETWEEN
The Manager, M/s. Oriental Insurance Co. Ltd., Basavanahalli Extension, Chikkamagaluru, through its Regional Office, Leo Shopping Complex, No.44/45, Residency Road, Bangalore – 560 025, Represented by its Regional Manager.
… Appellant
(By Sri. B.S. Umesh, Advocate)
AND:
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Residing at Kelaguru Coffee & Tea Estate, J. Kelagur Post, Mudigere Taluk, Chikkamagalur District – 577 179.
(By Sri Girish B. Baladare, Advocate for R-1)
THIS MFA FILED U/S 30 (1) OF EMPLOYEE’S COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2017 PASSED IN E.C.A. NO.359/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MUDIGERE, AWARDING A SUM OF RS.1,16,915/- WITH INTEREST AT 12% P.A. FROM THE DATE OF ACCIDENT TILL REALIZATION.
In M.F.A. No. 3920/2018 :
BETWEEN
Annu Moily S/o Babu Moily, Aged about 52 years,
R/o Kelagur Coffee & Tea Estate,
J. Kelagur Post, Mudigere Taluk, Chikkamagaluru District-577 101.
... Appellant
(By Sri. Girish B. Baladare, Advocate)
AND
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Mudigere Taluk, Chikkamagaluru District-577 101. ... Respondents
(By Sri. B.S. Umesh, Advocate for R-1)
THIS MFA FILED U/S 30 (1) OF EMPLOYEE’S COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2017 PASSED IN E.C.A. NO.359/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., MUDIGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER
The learned Counsel appearing for the Appellant – Oriental Insurance
Company Limited, along with its representative are present. The learned Counsel appearing for the Respondent No.1 - Claimant is present.
Insurance Company has agreed to pay and the Respondent No.1 – Claimant has agreed to receive a sum of Rs.65,000/- (Rupees Sixty Five Thousand only) instead of Rs.1,16,915/- with interest at 12% p.a. 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. The appellant – Insurance Company has already deposited the Award amount before this Court. The amount if any, in excess
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deposited before this Court shall be refunded to the Insurance Company. The amount if any, deposited before this Court shall be transferred to the Tribunal. The parties are not entitled for any cost.
Sd/JUDGE
Sd/MEMBER
Rbv
The Manager, M/s. Oriental Insurance Co. Ltd.
Annu Moily S/o Babu Moily
The Manager, Kelagur Coffee & Tea Estate
Justice B.A. Patil
M.N. Umashankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
