HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY & SMT.SAYEEDUNNISA, MEMBER MISCELLANEOUS FIRST APPEAL NO. 8774/2015 (MV) (LOK ADALATH NO.3825/2017) C/W MISCELLANEOUS FIRST APPEAL NO. 2762/2017 (MV) (LOK ADALATH NO.3826/2017) IN MFA NO. 8774/2015 BETWEEN:
The Managing Director, Andhra Pradesh State Road Transport Corporation, Mushirabad, Hyderabad. ... Appellant (By Sri. D. Vijaya Kumar, Advocate) AND:
Sri. M. Venkatesh, S/o Late Mattaiah, Aged about 57 years, R/at C/o A.V. Shekar, Doddatuguru Village, Electronic City Post, Bangalore – 560 100.
And also R/at Halehanagalli Village, Kollegala Town and Taluk, Chamarajnagar Dist – 571 439. ... Respondent (By Sri. N. Murali, Advocate) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 12.06.2015 passed in MVC No. 5532/2013 on the file of the 13th Additional Small Cause Judge and Member, MACT, Bengaluru, Awarding the compensation of Rs. 5,80,000/- with interest at 8% p.a. from the date of petition till the deposit.
IN MFA NO. 2762/2015 BETWEEN:
Sri. M. Venkatesh, S/o Late Mattaiah, Aged about 58 years, R/at C/o A.V. Shekar, Doddathugur Village, Electronic City Post, Bengaluru – 560100.
And also at Helehangalli Village, Kollegala Town & Taluk, Chamrajnagar District Pin 571440. ... Appellant (By Sri. N. Murali & Sri. R.B. Sathyanarayana Singh, Advs.) AND:
1. A.P.S.R.T.C., Rep. by VCR MD, APSRTC, Musheerabad, Hydrabad District. Andrapradesh – 500020.
2. The Managing Director, APSRTC, New Kempegowda Bus Station, Subashnagar, Bangalore – 560009. ... Respondents (By Sri. D. Vijaya Kumar, Advocate) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 12.06.2015 passed in MVC NO. 5532/2013 on the file of the XIII Additional Small Cause Judge, Member, MACT, Court of Small Causes, Bengaluru, (SCCH-15), partly allowing the claim petition for compensation and seeking enhancement of compensation.
These appeals coming on for conciliation before Lok Adalat after being referred vide order dated 08.09.2017, the following conciliation order is passed.
CONCILIATION ORDER The learned counsel for the Appellant - APSRTC along with its representatives and the learned counsel for the respondent -claimant are present.
2. After prolonged negotiations, the matter is settled. The Appellant - Corporation has agreed to pay and respondent - claimant has agreed to receive a global sum of Rs.6,00,000/- (Rupees Six Lakhs Only) instead of Rs.5,80,000/- (Rupees Five Lakhs Eighty Thousand Only) with interest at 8% per annum 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 Appellant - 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 modified compensation amount shall be made in terms of the Judgment and Award passed by the Tribunal.
5. Miscellaneous First Appeal No.8774/2015 filed by the appellant stands disposed of in terms of the joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in MFA No.8774/2015, MFA No.2762/2017 filed by the claimant is hereby disposed of.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER JS