HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF MARCH, 2019 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. VEERAPPA & SRI. M.N. UMASHANKAR, MEMBER M.F.A.No. 11754/2011 (MV) (Lok Adalat No. 26/2019) BETWEEN 1. Indramma, W/o Revanappa, Aged about 42 years, 2. Revanappa, S/o Doddabasappa, Aged about 45 years, 3. Kum. Shilpa, D/o Revanappa, Aged about 24 years, All are R/of Nelavagilu, Shikaripura Taluk, Shimoga District. ... Appellants (By Sri. B.G. Chidananda Urs, Advocate) AND 1. The Managing Director, KSRCT, KH Road, Bengaluru, (Owner-cum insurer of KSRTC Bus No.KA-01/F-7899) 2. Babu, C/o D. Babu, Major, Transport No.250, Sanjay Gandhi Nagar, Nandini Layout, Bengaluru - 96. (Owner of Canter No.KA-02/C8905) 3. Babu, S/o Kumar, Major, R/of Shanthi Grama, Hassan Taluk & District. (Owner of Canter No.KA-02/C8905) 4. The Divisional Manager, The Oriental Ins. Co. Ltd., Megma Cell, Delta House, 4th Floor, North Calcutta, Policy No.2009/27848, Office Code: 311 800 ... Respondents (By Smt. H.R. Renuka, Advocate for R.1; Sri. H.C. Vrushabhendraiah, Advocate for R.4) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.04.2011 PASSED IN MVC NO. 94/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDL. M.A.C.T, ITINARARY AT SHIKARIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the Appellants/Claimants and the learned Counsel for the Respondent No.1 – K.S.R.T.C., along with its representative are present.
2. After prolonged negotiations, the matter is settled. The Appellants/Claimants have agreed to receive and the Respondent No.1 - Corporation has agreed to pay a lump-sum of Rs.4,75,000/- (Rupees Four Lakh 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 No.1 - 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 of the enhanced compensation amount shall be made as per the ratio adopted by the claims Tribunal. Out of the apportioned share amount of each appellants-claimants, 50% shall be kept in fixed deposit in any Nationalized/Scheduled Bank in their names for a period of three years with liberty to withdraw the accrued interest periodically and remaining 50% shall be released in their favour, on proper identification.
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 Sd/- MEMBER LL