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. 6314/2017 (MV) (Lok Adalat No. 4097/2017) BETWEEN:
1. Smt. Farida Banu W/o Late Khalander Khan, Aged about 35 years.
2. Kum. Sobhataj D/o Late Khalander Khan, Aged about 18 years.
3. Kum. Saniya Khanam D/o Late Khalander Khan, Aged about 13 years.
4. Kum. Sadiya Kanam D/o Late Khalander Khan, Aged about 11 years.
Since the appellants No.3 & 4 are minors, Reptd. By their next friend and Natural guardian mother Smt. Farida Banu.
All are R/o Yalambalse Village, Kadur Taluk, Chickmagalore District-577 116. .. Appellants (By Sri. Sathisha T., Advocate) AND:
The Managing Director, K.S.R.T.C., Double Road, Shanthinagar, Bangalore-560 027. .. Respondent (By Sri. F.S. Dabali, Advocate) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 26.05.2017 PASSED IN M.V.C. NO.5866/2016 ON THE FILE OF THE XXIII ADDL. SMALL CAUSES JUDGE AND XXI ACMM AND MACT, BENGALURU, 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. 2,65,000/- (Rupees Two Lakhs Sixty 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 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