- 1 -
NC: 2024:KHC:43783
MFA No. 3672 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 3672 OF 2024 (ECA)
BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.,
FIRST FLOOR, SRI LAKSHMI COMPLEX,
COLLEGE ROAD, MADIKERI - 571 201.
REPRESENTED BY MOTOR THIRD PARTY
CLAIMS HUB, MAHALAKSHMI CHAMBERS,
NO.9, 2ND FLOOR, MAHATMA GANDHI ROAD,
BANGALORE - 560 001,
BY ITS DULY CONSTITUTED ATTORNEY.
…APPELLANT
(BY SRI. RAVISHANKAR C.R, ADVOCATE)
AND:
1. SMT. R. MAMATHA,
Digitally signed by AGED ABOUT 28 YEARS,
AASEEFA PARVEEN
W/O LATE NISHANTH,
Location: HIGH
D/O SRI. P. RAJU,
COURT OF
KARNATAKA
2. MASTER A.N. MOKSHITH,
AGED ABOUT 09 YEARS,
S/O LATE NISHANTH,
3. KUMARI. A.N. MOKSHA,
AGED ABOUT 04 YEARS,
D/O LATE NISHANTH,
NO.2 AND 3 ARE MINORS
- 2 -
NC: 2024:KHC:43783
MFA No. 3672 of 2024
REPRESENTED BY THEIR MOTHER
NATURAL GUARDIAN AND NEXT FRIEND,
SMT. E. MAMATHA,
ALL ARE RESIDENTS OF
KORTHICAD 'C' ESTATE,
MODUR VILLAGE, KADAGADALU POST,
SOMWARPET TALUK, KODAGU DISTRICT.
4. SRI. K. MUTHANNA THIMMAIAH,
AGED ABOUT 57 YEARS,
S/O SRI. K.W. THIMMAIAH,
KORTHICAD 'C' ESTATE,
MODUR VILLAGE, KADAGADALU POST,
SOMWARPET TALUK, KODAGU DISTRICT.
…RESPONDENTS
(BY SRI. HARSHA, ADVOCATE FOR
SRI. B.S. SACHIN, ADVOCATE FOR R4;
R2 AND R3 ARE MINOR REPRESENTED BY R1)
THIS MFA IS FILED U/S.30(1) EMPLOYEES
COMPENSATION ACT, AGAINST THE JUDGMENT AND AWARD
DATED 09.10.2023 PASSED IN ECA NO.03/2021 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND JMFC, SOMAWARAPETE,
AWARDING COMPENSATION OF RS.8,28,000/- WITH INTEREST
AT 12 PERCENT P.A. FROM THE DATE OF PETITION TILL
PAYMENT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 3 -
NC: 2024:KHC:43783
MFA No. 3672 of 2024
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
Respondent Nos.1 and 4 are present before this
Court in person.
2. Sri.Ravishankar C.R, learned counsel for the
appellant as well as Sri.Harsha representing
Sri.B.S.Sachin learned counsel on record for respondent
No.4 is present.
3. Respondent No.1 Smt.R.Mamatha who is
representing respondent Nos.2 and 3 also, submits that
she entered into compromise with the appellant. Learned
counsel Sri.Ravishankar C.R states that settlement was
arrived at between the parties and that the appellant had
already deposited the entire compensation of
Rs.8,28,000/- before the tribunal and he has no objection
to disburse the same to respondent Nos.1 to 3. Learned
counsel also submits that respondent Nos.1 to 3 undertook
to waive the interest on the compensation granted.
4. Joint memo to that effect is also filed.
- 4 -
NC: 2024:KHC:43783
MFA No. 3672 of 2024
5. Having considered the submission that is made
before this Court and upon perusing the contents of the
joint memo filed, this Court is of the view that the appeal
can be disposed of basing on the settlement arrived at.
6. Hence, the appeal stands disposed of in
accordance with the contents of the joint memo filed. The
joint memo filed shall form part of the record.
st
7. Out of the compensation granted, the 1
st
respondent/1 claimant is entitled to Rs.3,28,000/-.
8. Respondent Nos.2 and 3 are entitled to
Rs.2,50,000/- each.
9. The tribunal is directed to invest the sum that is
awarded to respondent Nos.2 and 3 along with their share
of accrued interest in any interest yielding fixed deposit
scheme of any nationalized bank till they attain the age of
majority.
- 5 -
NC: 2024:KHC:43783
MFA No. 3672 of 2024
10. On their attaining the age of majority, they are
permitted to withdraw their respective shares along with
accrued interest.
11. The amount that fell to the share of respondent
st
No.1/1 claimant along with her share of interest shall be
disbursed to her on an application by her for withdrawal.
The appeal is accordingly disposed of.
Draw degree accordingly.
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
VS
List No.: 1 Sl No.: 24
CT: BHK