/HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALATH IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2017 CONCILIATORS PRESENT:
THE HON’BLE MR. JUSTICE B. SREENIVASE GOWDA AND SMT. MANJULA N. TEJASWI, MEMBER M.F.A. No. 2962/2015 (MV) (Lok Adalat No. 4132/2017) BETWEEN:
Sri. N.M. Nagaraj S/o M.J. Manjanna, Aged about 26 years, C/o Thippeshswamy, S/o K. Lingappa, Near Rural Police Station, Guttur Colony, Harihar, Davanagere District-577 513. .. Appellant (By Sri. Prakash H.C., Advocate) AND:
1. Sri. Bharatha K.S.
S/o Somanna Gowda K., Aged about 48 years, Driver of K.S.R.T.C., Badge No.9286, Dharmasthala Depot, R/o Koteri, Balpa Village, Sullia Taluk-574 239, Dhakshina Kannada District, (Driver of Bus bearing its Reg. No. KA-19/F-2221).
2. The Divisional Controller, KSRTC, Mangalore, Mangalore – 575 001.
3. The Chairman, Karnataka Road Transport Corporation, Internal Insurance Consolidated Fund, Sarige Bhavan, K.H. Road, Bangalore – 560 027. .. Respondents (By Sri. G. Shankar Goud, Advocate for R-3, Notice to R-1 – d/w v.c.o. dated 20.07.2015) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.02.2014 PASSED IN M.V.C. NO.89/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT, HARIHAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE LOK ADALATH, AFTER BEING REFERRED BY THE COURT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel for the appellant and the representative of Respondent – K.S.R.T.C., along with its counsel are present.
2. After prolonged negotiations, the matter is settled. The Appellant-claimant has agreed to receive and the Respondent-Corporation has agreed to pay a lump- sum compensation of Rs. 55,000/- (Rupees Fifty 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-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 entire enhanced compensation amount shall be released in favour of appellant on proper identification.
5. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly.
Draw up the award accordingly.
Sd/- JUDGE Sd/- MEMBER *Rbv