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. 6156/2015 (MV) (Lok Adalat No. 4791/2016) BETWEEN Chirantha S/o Prakash V.K., Aged about 05 years, Since minor Represented by Natural guardian Mother Smt. Suma M.S. W/o Prakash V.K., Aged about 31 years, R/o Vasanthapura Village, Seelanere Hobli, K.R.Pete Taluk, Mandya District-571 438. ... APPELLANT (By Sri. V.N. Madhava Reddy, Advocate) AND 1. The Divisional Controller, K.S.R.T.C. Internal Insurance Fund, KSRTC 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 Sri. H.N. Keshava Prashanth, Advocate for R-3, Smt. Sumangala A. Swamy, Advocate for R-1, Notice to R-2 – d/w v.c.o. dated 24.10.2016) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.11.2014 PASSED IN MVC NO. 984/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND 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 claimant-appellant 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 appellant - Claimant has agreed to receive and the Respondent – Corporation has agreed to pay a lump sum of Rs. 25,000/- (Rupees Twenty Five Thousand only), 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 entire enhanced compensation amount shall be deposited in fixed deposit in the name of the minor appellant in any Nationalized / Scheduled Bank till he attains 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