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. 2278/2016 (MV) (Lok Adalat No. 3922/2017) BETWEEN:
Smt. Girijamba P.S. @ Girija P.S. W/o Late Suryanarayana Bhat P., Aged about 80 years, No.11/1, Gurudeva Apartments, 7th Cross, 5th Main, Near Katte Bhavan, N.R. Colony, Gavipuram Extension, Bangalore – 560 075. .. Appellant (By Sri. Yogesha G.K., Advocate) AND:
The Managing Director, B.M.T.C., K.H. Road, Shanthinagar, Bengaluru – 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: 07.02.2015 PASSED IN M.V.C. NO.2870/2014 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES AND XXVI ACMM (SCCH-09) AND MEMBER, 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 appellant and the representative of Respondent – B.M.T.C., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Corporation has agreed to pay a lump- sum compensation of Rs. 55,000/- (Rupees Fifty 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 entire enhanced compensation amount shall be released in favour of appellant on proper identification.
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