HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 3430/2017 (MV) (Lok Adalat No. 5607/2017) BETWEEN:
1. Mumtaj, 1st wife of deceased, W/o Late Dadapeer, Now Aged about 27 years.
2. Shabina D/o Late Dadapeer, Now Aged about 9 years.
3. Simran D/o Late Dadapeer, Now aged about 7 years.
Appellant Nos.2 & 3 are minors Rep. by their natural guardian/mother Appellant No.1.
4. Nagina, 2nd wife of deceased W/o Late Dadapeer, D/o Shaik Hussen Sab, Now aged about 24 years.
5. Kasim Sab S/o Late Lala Sab, Now aged about 59 years.
6. Jaitunabhi W/o Kasim Sab, Now aged about 54 years.
All are R/a Davood Palya, Sira Taluk, Tumkur District. .. Appellants (By Sri. R. Raghu, Advocate) AND:
The Managing Director, Karnataka State Road Transport Corporation, K.H. Road, Shanthinagara, Bengaluru-27. .. Respondent (By Sri. A.C. Balaraj, Advocate) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.10.2016 PASSED IN M.V.C. NO.158/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT-XV, KUNIGAL, 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 appellants and the representative of Respondent – K.S.R.T.C., along with its counsel 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 lump-sum compensation of Rs. 2,60,000/- (Rupees Two Lakhs Sixty Thousand 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, deposit and release of the enhanced compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv