HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2019 CONCILIATORS PRESENT:
THE HON’BLE SHRI JUSTICE S SUNIL DUTT YADAV & SRI VIJAY KUMAR MAJAGE, MEMBER M.F.A.No.7186/2016 (MV) (Lok Adalat No. 749/2019) BETWEEN:
SMT. SAMEENA AGED ABOUT 23 YEARS W/O TANVEER SHARIFF D/O ANWAR PASHA R/AT NO.96, MUSLIM BLOCK HAROHALLI VILLAGE VARUN HOBLI MYSURU TALUK AND DISTRICT-570 010. ... APPELLANT (BY SRI P. NATARAJU, ADVOCATE) AND:
1. DIVISIONAL CONTROLLER KSRTC BANNIMANTAP RURAL DIVISION MYSURU-570 015.
2. ABDUL JABBAR AGED ABOUT 43 YEARS S/O ABDUL RASHEED R/AT NO.10, HAROHALLI VILLAGE VARUNA HOBLI MYSURU TALUK AND DISTRICT-570 010.
3. TANVEER SHARIFF AGED ABOUT 33 YEARS S/O RAFEEQ SHARIFF R/AT NO.687, USMANIA BLOCK GHOUSIA NAGAR MYSURU-570 002.
4. TATA AIG GENERAL INSURANCE COMPANY LTD.
J.P. AND DEVI JAMBU KESHWAR ARCADE DOOR NO.69, 3RD FLOOR MILLA’R S ROAD BENGALURU-560 052. ... RESPONDENTS (BY SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R1) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.06.2016 PASSED IN MVC NO.23/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, & CJM, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - claimant and the learned Counsel appearing for the first Respondent – K.S.R.T.C. along with its representative are present.
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant (being authorized by the appellant to sign) and the learned advocate appearing for the first respondent – K.S.R.T.C. and its authorized officer is filed. The appellant - claimant has agreed to receive and the first respondent – K.S.R.T.C. has agreed to pay a sum of Rs.4,25,000/- (Rupees Four Lakh Twenty Five Thousand only) with interest @ 6% p.a., from the date of petition till the date of deposit, in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The first 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. Out of the enhanced compensation amount, Rs.1,25,000/- shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of appellant- claimant for a period of three years and she is entitled to withdraw the accrued interest periodically and the remaining amount of Rs.3,00,000/- shall be released in her 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 NR/-