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. 1888/2015 (MV) (LOK ADALATH NO.1707/2017) C/W MISCELLANEOUS FIRST APPEAL NO. 891/2015 (MV) (LOK ADALATH NO.1706/2017) IN MFA NO. 1888/2015 BETWEEN:
Karnataka State Road Transport Corporation, Represented by its Managing Director, “Transport House” Central Office, K.H. Road, Shanthinagar, Bangalore – 560 027.
Through by its Chief Law Officer. ... Appellant (By Sri. Dinesh Rao, Advocate) AND:
1. Smt. S.N. Prema Kumari, W/o Late Suryanarayana Aged about 62 years, No. 169, 2nd Main, 11th Cross, Behind Govt. School, Kanchaghatta, Vidyanagar, Tiptur, Tumkur District 572 201.
2. Sri. S.N. Ramesh, S/o Late S.D. Nagaraju, Aged about 61 years, Sugur, Tiptur Taluk, Tumkur District – 572 224.
3. Sri. Muralidhar S.N., S/o Late S.D. Nagaraju, Aged about 47 years, No.6, Sugur, Tiptur Taluk, Tumkur District – 572 224.
4. Sri. Indumati, W/o Raveendra K, Aged about 43 years, No.4/101, 85th Block, 3rd Ward, 25th Road New town paper town, Bhadravathi, Shimoga – 577 302.
5. Sri. Sridhar S.N., S/o Late S.D. Nagaraju, Aged about 41 years, Sugur Post, Tiptur, Tiptur Taluk, Nonavinakere, Tumkur District – 572 224. ... Respondents (By Sri.P.Shiva Kumar, Advocate) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 18.11.2014 passed in MVC No. 5304/2013 on the file of the Member, Principal MACT, Bangalore, awarding a compensation of Rs. 11,52,597/- with interest @ 6% p.a. from the date of petition till realization.
IN MFA NO. 891/2015 BETWEEN:
1. Smt. S.N. Prema Kumari, W/o Late Suryanarayana, Aged about 62 years, R/at No. 169, 2nd Main, 11th Cross, Behind Govt. School, Kanchaghatta, Vidyanagar Post, Tiptur, Tumkur District Pin – 572201.
2. Sri. S.N. Ramesh, S/o Late S.D. Nagaraju, Aged about 61 years, 3. Sri. Muralidhar S.N. S/o Late S.D. Nagaraju, Aged about 47 years, Appellant No. 2 & 3 are Resident of Sugur, Tiptur Taluk, Tumkur District.
4. Smt. Indumati, W/o Raveendra K., Aged 43 years, R/at No. 4/101, 85th Block, 3rd Ward, 25th Road, New Town Paper town, Bhadravathi, Shimoga – 577302.
5. Sri. Sridhar S.N.
S/o Late S.D. Nagaraju, Aged about 41 years, Nonavinakere, Sugur Post, Tiptur Taluk, Tumkur District Pin – 572 224. ... Appellants (By Sri. P. Shivakumar, Advocate) AND:
The Manager Director, KSRTC, K.H. Road, Shanthinagar, Bengaluru – 560027. ... Respondent (By Sri. Dinesh Rao, Advocate) This MFA is filed u/s 173(1) of MV act against the judgment and award dated: 18.11.2014 passed in MVC No. 5304/2013 on the file of the Member, Principal MACT, Bangalore, 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 08.07.2017, the following conciliation order is passed.
CONCILIATION ORDER The learned counsel for the KSRTC along with its representatives and the learned counsel for the respondents-claimants are present.
2. After prolonged negotiations, the matter is settled. The Respondent-KSRTC has agreed to pay and respondents - claimants have agreed to receive a sum of Rs.6,30,000/- (Rupees Six Lakhs Thirty Thousand Only) with interest @ 6% p.a. from the date of petition till the date of deposit, instead of Rs.11,52,597/- (Rupees Eleven Lakhs Fifty- two Thousand Five hundred and Ninety-seven Thousand Only) with interest at 6% 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 KSRTC 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.1888/2015 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.1888/2015, MFA NO.891/2015 filed by the claimants is hereby disposed of.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER JS