HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.3110/2018 (MV) (Lok Adalat No.2650/2018) BETWEEN:
DEEKSHITH S/O KEMPEGOWDA AGED ABOUT 11 YEARS R/AT MALLITHAMMANAHALLI KASABA HOBLI, ARKALGUD TALUK HASSAN DISTRICT – 573 201.
PETITIONER IS MINOR REPRESENTED BY NATURAL GUARDIAN/FATHER SRI. KEMPEGOWDA S/O DYAVEGOWDA MALLITHAMMANAHALLI KASABA HOBLI, ARKALGUD TALUK HASSAN DISTRICT – 573 201. ... APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND:
THE MANAGING DIRECTOR K.S.R.T.C., CENTRAL OFFICE SHANTHINAGARA BENGALURU REPRESENTED BY DIVISIONAL CONTROLLER, K.S.R.T.C. DIVISION OFFICE, HASSAN DEPOT HASSAN – 573 201.
(OWNER OF K.S.R.T.C. BUS BEARING REG NO.KA-13/F-1899) ... RESPONDENT (BY SMT. H.R.RENUKA, ADVOCATE) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.08.2017 PASSED IN MVC NO.142/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the Respondent – K.S.R.T.C. along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the respondent-
K.S.R.T.C. and its authorized officer is filed. The appellant-claimant has agreed to receive and the respondent-K.S.R.T.C. has agreed to pay a sum of Rs.60,000/- (Rupees Sixty Thousand only) with interest at the rate of 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.
3. The Respondent – K.S.R.T.C. 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 enhanced compensation amount shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of minor appellant-claimant till he attains the age of majority and the guardian of appellant is permitted to withdraw the accrued 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 NR/-