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. 6986/2017 (MV) (Lok Adalat No. 4575/2017) BETWEEN:
1. Smt. Gayathri W/o Late Kuchelegowda, Aged about 38 years.
2. Kumari Archana D/o Late Kuchelegowda, Aged about 20 years.
3. Kumari Anjana D/o Late Kuchelegowda, Aged about 18 years.
4. Gowramma W/o Late Doddasubbegowda, Aged about 68 years.
All are residing at : Ramanahalli Village, Hanagodu Hobli, Hunsur Taluk, Mysore District-78. .. Appellants (By Sri. Pratheep K.C., Advocate) AND:
1. Sri. Thammegowda S/o Chikkannagowda, Aged about 33 years, R/at Katemalalavadi Koppalu, Gavadagere Hobli, Hunsur Taluk, Mysore District – 572 301.
2. The Divisional Controller, KSRTC, Hunsur, Mysore District-45, Owner – cum – Internal Insurer of KSRTC Bus Bearing Reg. No. KA-09/F-4182. .. Respondents (By Sri. K. Nagaraj, Advocate for R-2, Notice to R-1 – d/w v.c.o. dated 26.10.2017) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 15.04.2016 PASSED IN M.V.C. NO.1035/2014 ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC AND MACT, HUNSUR, 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. 5,15,000/- (Rupees Five Lakhs Fifteen 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