4 —‘ HIGH COURT LEGAL SERVICES COMMiTTEE, DHARWAD BEFORE THE LOK ADALAT TN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 5TH DAY OF JULY, 2011 CONCILIATORS PRESENT: HONBLE MR.JUSTICE A.S.PACHHAPURE & SRI. S.S. PATIL, MEMBER MISCELLANEOUS FIRST APPEAL No.58 10 OF 2008 (Lok Adalat No.396 /2011) BETWEEN: Divisional Manager, New India Assurance Co. Ltd., Club Road, Belgaum, Now represented by its Regional Manager, New India Assurance Co. Ltd., Regional Office, 2-B, Unity Building Annexe, P.Kalinga Rao Road, Bangalore-560 027. APPELLANT [By Sri. V.R.Datar and Sri A.N.Krishna Swamy, Advocatesf AND: 1. Shivaling Malakaji Totager, Age: Major, R/o. Ankalagi, Taluk: Gokak, District: Belgaum. 2. NarayanP.M., 5/ Late: Subba Poojary, Now aged about 49 years. MIs Nishmitha Motors, Moodbidri, Mangalore, D.K. RESPONDENTS (By Sri. Sanjay S. Katageri, Advocate for R- 1; R-2 servedI This MFA filed under Section 39(1) of W.C.Act against the judgment and order dated 05.02.2008 passed in WCA/SR 79/2007 on the file of the Labour Officer and Commissioner for Workmen’s Compensation, Sub-Division-i, Belgaum. This appeal coming on for Conciliation before Ink Adalat after being referred vide order dated 6.04.2011, the following order is passed. CONCILIATION ORDER The learned counsel for the appellant along with its representative and the learned Counsci for respondent No.1 are present. 2. After prolonged negotiations, the matter is settled. The I respondent-claimant has agreed to receive and the appellant has agreed to pay lump-sum compensation of Rs.2,60,000/- [Rupees Two Lakhs Sixty Thousand onlyl instead of Rs.3,24,3l7/- (Rupees Three lakhs Twentyfour thousand Three hundred Seventeen Only) awarded by the Tribunal, in full -3- and final settlement of the claim. A Joint Memo is filed on behalf of the parties to this effect. 3. It is submitted that the appellant has deposited the entire compensation amount of Rs.3,24,317/- before this Court, out of which the claimant has already withdrawn a sum of Rs. 1,00,000/. Hence, the respondent-claimant is permitted to withdraw a further sum of Rs. 1,60,000/- and to refund the balance amount of compensation to the appellant-Insurance Company. 4. This miscellaneous first appeal stands disposed of in terms of the Joint Memo. The Award of the Tribunal shall stands modified accordingly. Draw up the Award accordingly. Sd/rn JUDGE SdIa sub*