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.4630/2017 (MV) (Lok Adalat No. 812/2019) BETWEEN:
1. SRI B P PUTTASWAMY S/O LATE VEERABHADREGOWDA AGED ABOUT 49 YEARS 2. SMT. USHA W/O B P PUTTASWAMY AGED ABOUT 47 YEARS BOTH ARE R/O SANTHEBASAVANAHALLI VILLAGE KUNDURU POST, ALUR TALUK HASSAN DISTRICT – 573 201.
PRESENTLY R/AT C/O R SHEKAR, S/O LATE RAMEGOWDA RAMESHWARA NILAYA, 10TH CROSS HOLENARASIPURA ROAD CHANNAPATTANA, NEAR DENTAL CLINIC HASSAN 573201 ... APPELLANTS (BY SRI. H J ANANDA, ADVOCATE) AND:
MANAGER K.S.R.T.C. DEPOT TUMKUR.
RERPESENTED BY THE MANAGER K.S.R.T.C.
HASSAN – 573 201. ... RESPONDENT (BY SRI B PHALAKSHAIAH, ADVOCATE) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.07.2016 PASSED IN MVC NO.1936/2014 ON THE FILE OF THE MEMBER, ADDITIONAL M.A.C.T., ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, 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.6,50,000/- (Rupees Six Lakh Fifty Thousand only) with interest at the rate of 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 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. Out of the apportioned share amount of the appellants, 25% shall be kept in fixed deposit in any Nationalized/ Scheduled Bank in the name of the appellants-claimants for a period of three years and they are entitled to withdraw the accrued interest periodically and the remaining 75% 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 NR/-