HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY & SRI. A.M. VENKATESH, MEMBER M.F.A.No. 6158/2015 (MV) (Lok Adalat No. 2085/2017) BETWEEN 1. Chandrashekara M.S.
S/o Late Shivannagowda S., Aged about 36 years.
2. Sujan M.C. S/o Chandrashekara M.S., Aged about 12 years.
3. Deekshith M.C.
S/o Chandrashekara M.S., Aged about 9 years.
Appellant Nos.2 and 3 are minors Represented by their natural Guardian Father Chandrashekar M.S.
All are Residents of Mylanahalli Village, Seelanere Hobli, K.R. Pete Taluk, Mandya District – 571 438. ... APPELLANTS (By Sri. V.N. Madhava Reddy, Advocate) AND 1. The Divisional Controller, K.S.R.T.C., Internal Insurance Fund, K.S.R.T.C. Bus Stand, Mandya – 571 401.
2. S.B. Lokesha S/o Boregowda, Aged about 48 years, R/o Manikyanahalli Village, Melukote Hobli, Pandavapura Taluk, Mandya District – 571 434 3. The Branch Manager (Legal), Bharti AXA General Insurance Co. Ltd., No.2951/A, D-29/1, 1st Floor, Temple Road, Kalidasa Circle, V.V. Mohalla, Mysore-570 002. ... RESPONDENTS (By Smt. Sumangala A. Swamy, Advocate for R-1, Sri. H.N. Keshava Prashanth, Advocate for R-3, Notice to R-2 – d/w v.c.o. dated 26.10.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.11.2014 PASSED IN MVC NO. 987/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC AND MACT, K.R. PET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the claimants-appellants and the learned Counsel for the 1st respondent – K.S.R.T.C. along with its representative are present.
2. After prolonged negotiations, the matter is settled. The appellants - Claimants have agreed to receive and the Respondent – Corporation has agreed to pay a sum of Rs. 3,84,128/- (Rupees Three Lakhs Eighty Four Thousand One Hundred Twenty Eight only) with interest @ 6% p.a. from the date of petition till the date of deposit, 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.
3. The Respondent – Corporation 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. The apportionment of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal. Out of the share of the 1st appellant, a sum of Rs.2,00,000/- shall be released in his favour and the remaining share shall be deposited in fixed deposit in his name in any Nationalized / Scheduled Bank for a period of three years with liberty to withdraw the interest periodically. The entire shares of minor appellants No.2 and 3 shall be deposited in fixed deposit in their names in any Nationalized / Scheduled Bank till they attain the majority with liberty to the minor guardian to withdraw the interest periodically.
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 Rbv