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2014 DIGILAW 623 (KAR)

V. Paramasivam v. V. Savitramma

2014-07-01

H.G.RAMESH

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JUDGMENT HULUVADI G. RAMESH, J. 1. A joint memo dated 1-7-2014 duly signed by the appellants and respondents and their Counsel is filed before the Court. The same is taken on record. The joint memo reads as under:- "Whereas the son of the respondents 1 and 2 by name Sri Karthikeyan died on 23-9-2009 and the respondents 1 and 2 preferred a claim before the Workmen’s Compensation, Bangalore, Sub-Division No. 4 numbered as WCA/CR No. 7 of 2010, which culminated in an order dated 3-12-2011, directing the appellants herein to pay compensation of Rs. 4,48,000/- along with 12% interest, to the respondents 1 and 2, which is challenged in the above appeals." 2. Whereas during the pendency of these appeals the appellants and the respondent 1 & 2, have mutually agreed to settle the matter amicably on the following terms:- (1) The appellants has already deposited before this Hon’ble Court a sum of Rs. 4,48,000/- and the appellants shall further deposit today a sum of Rs. 55,000/- as ordered by this Hon’ble Court, vide D.D. No. 057712, dated 1-7-2014, drawn on Chartered Sahakari Bank Nyayamithra Bank, in favour of the Registrar, High Court of Karnataka, thus the total amount deposited by the appellant would be Rs. 5,03,000/- (Rupees Five Lakhs and Three Thousand only) which the appellants-agrees to pay to the respondents 1 and 2 along with the interest it has earned, towards full and final settlement of all the dues due to the accident and under the order dated 3-12-2011, passed by the Commissioner for Workmen’s Compensation, Bangalore, Sub-Division No. 4 in WCA/CR No. 7 of 2010 and has no objection to this Hon’ble Court ordering the release of the said amounts deposited along with the accrued interest in favour of the respondents 1 and 2. (2) The respondents 1 and 2 agree to receive the above mentioned amounts in para 1, towards full and final settlement of all their claims due to the accident and as per the order dated 3-12-2011 passed by the Commissioner for Workmen’s Compensation, Bangalore, Sub-Division No. 4 in WCA/CR No. 7 of 2010 which is challenged in the above appeals and the respondents 1 and 2 will have no claims whatsoever, than the amounts mentioned in para 1 which may released in their favour. (3) In view of this settlement, both the parties pray this Hon’ble Court to pass an order holding that all claims in these appeals are fully settled, in terms of this joint memo and hold the order dated 3-12-2011 passed by the Commissioner for Workmen’s Compensation, Bangalore, Sub-Division No. 4 in WCA/CR No. 7 of 2010, as modified in terms of this joint memo and pass orders releasing the amounts deposited by the appellant along with he accrued interest in favour of the respondents 1 and 2 equally. 3. Accordingly, appeals are disposed in terms of the above said joint memo.