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.3650/2016 (MV) (Lok Adalat No.875/2019) BETWEEN:
SRI RUDRAPPA S/O RANGAPPA AGED ABOUT 55 YEARS R/AT KALLIHOSAHALLI VILLAGE HIRENALLUR HOBLI KADUR TALUK CHIKKAMANGALORE DIST.
PIN – 577 548. ... APPELLANT (BY SRI S C MANJUNATHA, ADVOCATE) AND:
1. T. SHIVAPPA S/O THIMMANNA AGED ABOUT 38 YEARS DRIVER OF THE K.S.R.T.C. BADGE NO.23079 BADRAVATHI DEPO, BADRAVATHI SHIMOGA DISTRICT R/O NO.16, SHIVAJI CIRCLE BADRAVATHI TOWN SHIMOGA DIST – 577 301 2. THE MANAGING DIRECTOR K.S.R.T.C., CENTRAL OFFICE SHANTHINAGAR, K.H.ROAD BENGALURU. …RESPONDENTS (BY SRI. SHWETHA ANAND, ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:5.8.2014 PASSED IN MVC NO.80/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, KADUR, CHIKMAGALUR DISTRICT, 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 second 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 second respondent – K.S.R.T.C. and its authorized officer is filed. The appellant- claimant has agreed to receive and the second respondent – K.S.R.T.C. has agreed to pay a lump-sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim.
3. The second 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.50,000/- shall be kept in fixed deposit in any Nationalized/Scheduled Bank in the name of appellant- claimant for a period of three years and he is entitled to withdraw the accrued interest periodically and the remaining amount of Rs.1,00,000/- shall be released in his 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 NR/-
Sd/- MEMBER