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.8455/2016 (MV) (Lok Adalat No.786/2019) BETWEEN:
1. SHABEENA BHANU W/O LATE YUNUS KHAN AGED ABOUT 31 YEARS BEHIND ROYAL ENGINEERING WORKS ASHOKA RAOD SAKALESHPURA - 573 134.
2. MOHASEENA JABEEN W/O LATE YUNUS KHAN AGED ABOUT 38 YEARS 3. MASEERA IMAN D/O LATE YUNUS KHAN AGED ABOUT 12 YEARS SINCE MINOR REPRESENTED BY NATURAL GUARDIAN MOHASEENA JABEEN BOTH APPELLANT NOS. 2 & 3 R/A DOOR NO.33, 100 ADI RING ROAD ELIYZ TOWN, BANGALORE – 560 076. ... APPELLANTS (BY SRI SRINIVAS V., ADVOCATE) AND:
DIVISIONAL CONTROLLER, KSRTC SHANTHINAGAR K. H. ROAD, BANGALORE – 560 027.
REPRESENTED BY DIVISIONAL CONTROLLER KARNATAKA STATE ROAD TRANSPORT CORPORATION HASSAN DEPOT. ... RESPONDENT (BY SRI. C CHANDRASHEKAR, ADVOCATE) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:01.12.2015 PASSED IN MVC NO.1128/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, SAKLESHPUR, 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 Appellants - claimants and the learned Counsel appearing for the 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 appellants (being authorized by the appellants to sign) and the learned advocate appearing for the respondent – K.S.R.T.C. and its authorized officer is filed. The appellants – claimants have agreed to receive and the respondent – K.S.R.T.C. has agreed to pay a sum of Rs.90,000/- (Rupees Ninety only) with interest @ 9% 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 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. The apportionment of the enhanced compensation amount shall be made as per the ratio adopted by the Claims Tribunal. Since appellant No.3 is minor, her entire share amount shall be kept in fixed deposit in any Nationalized/Scheduled Bank in her name till she attains the age of majority and guardian of the appellant is at liberty to draw the accrued interest periodically. The remaining amount shall be released in favour of appellant Nos.1 and 2 - claimant Nos.1 and 2, 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/-