HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
HON’BLE MR.JUSTICE B.SREENIVASE GOWDA & SMT. MANJULA N. TEJASWI, MEMBER BETWEEN 1. NISHAN M.F.A.No.4174/2017 (Lok Adalat No.5922/2017) S/O LATE JAGADISH M AGED ABOUT 6 YEARS, APPELLANT NO.1 IS MINOR AND IS REP. THROUGH HIS NEXT FRIEND AND GUARDIAN UNCLE MR. JAYANTH, S/O LAXMAN POOJARY, AGED ABOUT 37 YEARS, ALL ARE RESIDING AT MULIBAIL HOUSE, BARIMARU, BANTWALA, D.K. DISTRICT – 574253.
2. RATHNAKARA POOJARY S/O LATE NARAYANA POOJARY, AGED ABOUT 61 YEARS, R/AT KUNJUTHUR HOUSE, BALIGA POST, BANTWAL TALUK, D.K. DISTRICT- 574219.
... APPELLANTS (By SRI. G. RAVISHANKAR SHASTRY, ADV.) AND THE DIVISIONAL MANAGER KSRTC, BEJAI, MANGALURU, D.K.
PIN – 575001.
(By SRI. K. NAGARAJA, ADV.) ... RESPONDENT THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.02.2016 PASSED IN MVC NO. 1212/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THE APPEAL BEING REFERRED TO LOK ADALAT, COMING ON FOR CONCILIATION, THIS DAY, THE LOK ADALAT PASSED THE FOLLOWING:
CONCILIATION ORDER The learned counsel for the claimants-appellants and the learned counsel for the K.S.R.T.C. are present.
2. After prolonged negotiations, the matter is settled.
The appellants-Claimants have agreed to receive and the Respondent-K.S.R.T.C. has agreed to pay a lump-sum of Rs.4,75,000/- (Rupees Four Lakhs Seventy 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 –K.S.R.T.C. 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. Apportionment, deposit and release of additional compensation amount among the claimants will be in the ratio of the award of the Tribunal.
5. This miscellaneous first appeal stands disposed of in terms of the Joint memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly.
Sd/-
JUDGE PMR Sd/- MEMBER