Disposed

Smt. Saraswathamma v. B K Nagaraj

Karnataka HC8 Jul 2023MFA/1455/2023

Case brief

AI extract

What is this about?

In the National Lok Adalat of the High Court of Karnataka, the first appeal under the Employee's Compensation Act regarding enhancement of compensation was disposed of by settlement. Both parties executed a joint memo agreeing to a lump-sum enhancement of Rs. 2,95,000 with specific deposit and investment conditions, modifying the Tribunal's award.

What did the court decide?

Enhancement of compensation by Rs. 2,95,000 agreed in settlement; portion to be invested in Fixed Deposit; balance released; insurance company to deposit within six weeks.

Smt. Saraswathamma Vs B K Nagaraj — Company and Corporate | Karnataka HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 08^th DAY OF JULY, 2023

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CONCILIATORS PRESENT:

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THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA

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SRI. H. PAVANA CHANDRA SHETTY, MEMBER M.F.A.No. 1455/2023 (ECA) (Lok Adalat No. 1959/2023)

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BETWEEN

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Smt. Saraswathamma W/o Ganganna, Aged about 54 years. R/o Huliyurudurga Village, Kunigal Hobli, Tumakur District, Presently R/o Buvanahalli Village, Kasaba Hobli, Hassan Taluk.

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Note: Since the petitioner No.1 Ganganna now no more hence Given up before this Court. Appellant being the wife is only L.R. ...APPELLANT (By Sri. Shripad V. Shastri, Advocate)

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AND

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B.K. Nagaraj S/o Kempasiddaiah, R/o Belagumba, Near

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Pumphouse, Tumkur.

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The Oriental Insurance Co. Ltd., Branch Office, T.G.M.A. Building, 1^st Stage, J.C. Road, Tumkur, by its Manager. RESPONDENTS

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(By Sri. Ashok N. Patil, Advocate for R-2)

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MFA FILED U/S 30 (1) OF EMPLOYEE’S COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2022 PASSED IN ECA NO.27/2014 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND COMMISSIONER FOR EMPLOYEES COMPENSATION, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

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CONCILIATION ORDER

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The learned Counsel appearing for the Appellant - Claimant is present through video conferencing/physical hearing. The learned Counsel appearing for the Respondent – Insurance Company and along with its representative are present.

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After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being

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authorized by the appellant/claimant to sign) and the learned advocate appearing for the respondent-Insurance Company and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent - Insurance Company has agreed to pay a lump-sum of Rs. 2,95,000/- (Rupees Two Lakhs Ninety Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.

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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.

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Out of the enhanced compensation amount, a sum of Rs.1,50,000/shall be invested in Fixed Deposit in the name of the appellant / claimant in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the accrued interest periodically. The remaining compensation of Rs.1,45,000/- shall be released in favour of the appellant / claimant, on proper identification.

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This Miscellaneous First Appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.

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Sd/JUDGE

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Sd/MEMBER

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Rbv

Smt. Saraswathamma v. B K Nagaraj

Case brief

What is this about?

What did the court decide?

Smt. Saraswathamma v. B K Nagaraj

Case brief

What is this about?

What did the court decide?

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