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. 6384/2016 (MV) (Lok Adalat No. 4227/2017) BETWEEN:
Karnataka State Road Transport Corporation, K.H. Road, Shanthinagar, Bengaluru-560 027, By its Managing Director, Represented by its Chief Law Officer. .. Appellant (By Smt. H.R. Renuka, Advocate) AND:
1. S. Shashikala W/o Late K.L. Vasanth Kumar, @ Vasantha, Aged about 29 years.
2. K.V. Abhishek S/o Late K.L. Vasanth Kumar @ Vasantha, Aged about 10 years, since minor Represented by his mother and natural Guardian Respondent No.1.
3. Parvathamma W/o Late Papannagowda, @ Papegowda, Aged about 70 years.
All are R/at Kannaghatta Village, Agachahalli Dhakle, Bellur Hobli, Nagamangala Taluk, Mandya District-571 418. .. Respondents (By Sri. A.K. Bhat, Advocate for R-1 to R-3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.06.2016 PASSED IN M.V.C. NO.5433/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BANGALORE, AWARDING COMPENSATION OF RS.15,75,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
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 – K.S.R.T.C. and its representative and the learned Counsel for the respondents - claimants are present.
2. After prolonged negotiations, the matter is settled. The Appellant- Corporation has agreed to pay and the Respondents-Claimants have agreed to receive a sum of Rs. 15,05,000/- (Rupees Fifteen Lakhs Five Thousand only) with interest as per the Tribunal award from the date of petition till the date of deposit, instead of Rs.15,75,000/- with interest @ 9% p.a. 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. The amount if any, deposited before this Court, is ordered to be transferred to the jurisdictional Tribunal forthwith. (Learned Counsel for the appellant – Corporation has filed a Memo of Deposit stating that, in terms of the Order dated 14.02.2017, the appellant – Corporation has deposited a sum of Rs.8,26,245/- vide Cheque No.579459 dated 03.03.2017 drawn on State Bank of Mysore, towards 50% of the award amount).
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