HIGH COURT OF KARNATAKA
LOK ADALATH
SMT. MOMIN NISHA W/O MOHAMMAD SHARIF SHAIKH – Appellant
Versus
THE MANAGER – Respondent
MFA/103585/2022
HIGH COURT LEGAL SERVICES COMMITTEE
DHARWAD BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2023
CONCILIATORS PRESENT
THE HON’BLE MR. JUSTICE RAVI V.HOSMANI
AND
SHRI.G.M.BHAT, MEMBER
MISCELLANEOUS FIRST APPEAL NO.103585/2022 (ECA)
LOK ADALAT NO.456/2023
BETWEEN
1. SMT. MOMIN NISHA
W/O MOHAMMAD SHARIF SHAIKH
AGE 50 YEARS, OCC HOUSEHOLD
2. KUMARI RESHMA BANO
W/O SHAHARA YAR KURAISHI
AGE 27 YEARS , OCC STUDENT
3.KUMARI SARVARI BEGUM
D/O MAHAMMAD SHAIKH
AGE 23 YEARS, OCC HOUSEHOLD
ALL ARE R/O KHADARWADI
TQ/DIST BELAGAVI 590008
...APPELLANTS
(BY SRI.HARISH S MAIGUR)
AND
1. THE MANAGER
TATA MOTORS LTD
2
PLOT NO T-1 AND T-2
CHINHAT INDUSTRIAL AREA
LUCKNOW -226019
UTTAR PRADESH
2. THE MANAGER
M A S H TRANSPORT SERVICES
GOLD LINE APARTMENT
‘A’ BLOCK, FLAT NO 102
TIWARIGANJ, FIZABAD ROAD
NEAR GOEL AUTOMOBILES PETROL PUMP
LUCKNOW 226019
3. THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO. LTD.,
DIVISIONAL OFFICE, CLUB ROAD,
BELAGAVI-590001.
…RESPONDENTS
(BY SRI.SHARAD V. MAGADUM, ADV. FOR R3)
MFA IS FILED U/S.30(1) OF THE EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND
AWARD
DATED
11.08.2021,
PASSED
IN
ECA.NO.615/2014, ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND COMMISSIONER UNDER
EMPLOYEES COMPENSATION ACT, BELAGAVI, PARTLY
ALLOWING THE CLAIM PETITION U/S 22 OF THE ECA
ACT 1923.
THIS APPEAL COMING ON FOR CONCILIATION
BEFORE LOK ADALAT AFTER BEING REFERRED BY THE
COURT, THE FOLLOWING CONCILIATION ORDER IS
PASSED:
3
CONCILIATION ORDER
The learned counsel for the appellants and the
representative of Respondent-Insurance Company along
with its counsel are present.
2.
After prolonged negotiations, the matter is settled.
The Appellants-claimants have agreed to receive and the
Respondent-Insurance Company has agreed to pay a
global compensation of Rs.1,30,000/-(Rupees One lakh
thirty 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 said amount shall be released in favour of the
claimant on proper identification.
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
4
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/-
JUDGE
Sd/-
MEMBER
HMB
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