Revanna S. G v. M/s KGS Cargo Service
Case at a glance
Outcome
Disposed of
This Miscellaneous First Appeal stands disposed of in terms of the Joint
Key paragraphs
- Para 55. 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. Sd/- JUDGE Sd/- MEMBER MCR
Judgment
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV SRI. H. PAVANA CHANDRA SHETTY, MEMBER & M.F.A.No. 1236/2023 (ECA) (Lok Adalat No. 1811/2024) BETWEEN: Revanna S. G., S/o Late Gullaiah, Aged about 51 years, R/at No. 225/4, Police Rajanna Building, Vinayaka Badavane, Chikkabidarakallu, Bangalore - 73. ...APPELLANT (By Sri. Shripad V. Shastri, Advocate) AND 1 . M/s KGS Cargo Service, No. 2361, II Floor, 12th Main, A Block, Rajajinagar, Bangalore - 10, By its Manager.
#2. HDFC Ergo General Insurance Company Ltd., No.14, HM Geneva House, Cunningham Road, 2 Bengaluru - 560068. By its Manager. RESPONDENTS (By Sri. H.S. Lingaraj, Advocate for R-2) MFA FILED U/S 30(1)(a) OF EMPLOYEES COMPENSATION ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2022 PASSED IN ECA NO. 11/2020 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER- MACT, BENGALURU (SCCH-7), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellant - Claimant is present. The learned Counsel appearing for the Respondent – Insurance Company along with its representative are present.
#2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/claimant (being authorized by the appellant/claimant to sign) and the learned advocate appearing for the 3 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.4,55,000/- (Rupees Four Lakh Fifty Five Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
#3. 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.
#4. Out of the enhanced compensation amount to be deposited by the Insurance Company, Rs.55,000/- is directed to be invested in Fixed Deposit in the name of the appellant/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the appellant/claimant to withdraw the interest periodically. The remaining amount of Rs.4,00,000/- is ordered to be released in favour of the appellant – claimant, on proper identification. 4
#5. 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. Sd/- JUDGE Sd/- MEMBER MCR
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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