Smt. Chikkathayamma vs The Divisional Manager
2021 Latest Caselaw 6731 Kant

  HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE MEGA LOK ADALAT

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 18TH DAY OF DECEMBER 2021

                   CONCILIATORS PRESENT:

            THE HON'BLE MRS. JUSTICE S.SUJATHA

                              &

              SMT. MANJULA N TEJASWI, MEMBER

                  M.F.A.No. 2924/2019 (MV)
                 (Lok Adalat No. 2753/2021)
BETWEEN:

           1. SMT. CHIKKATHAYAMMA
              W/O LATE MALEYAIAH,
              AGED ABOUT 51 YEARS
              R/AT DEVARAHALLI VILLAGE,
              GUNDLUPET TALUK,
              CHAMARAJANAGAR DISTRICT,
              CHAMARAJANAGAR-571 126

           2. SRI.SHIVAIAH M
              S/O LATE MALEYAIAH,
              AGED ABOUT 27 YEARS
              R/AT DEVARAHALLI VILLAGE, GUNDLUPET TALUK,
              CHAMARAJANAGAR DISTRICT,
              CHAMARAJANAGAR-571 126

           3. SRI.SHIVAKUMAR M
              S/O LATE MALEYAIAH,
              AGED ABOUT 31 YEARS
              R/AT DEVARAHALLI VILLAGE, GUNDLUPET TALUK,
              CHAMARAJANAGAR DISTRICT,
              CHAMARAJANAGAR-571 126
                                               ... APPELLANTS
           (BY, SRI. BHANU PRAKASH H V ADVOCATE)
                                      2




AND:
         THE DIVISIONAL MANAGER
         OFFICE OF KSRTC DIVISION,
         KSRTC BUS STAND, GUNDLUPET TOWN,
         CHAMARAJANAGAR DISTRICT-571 111
         (INTERNAL INSURER OF THE KSRTC BUS
         BEARING REGISTRATION NO.KA-10-F-031)
                                                      ... RESPONDENT

(BY SMT. RADHA B P ADVOCATE)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 7.2.19 PASSED IN MVC NO. 284/18 ON THE FILE OF THE SENIOR CIVIL JUDGE JMFC MACT, GUNDLUPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL COMING ON CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.

CONCILIATION ORDER

The learned Counsel appearing for the Appellants - Claimants is

present through video conferencing/Physical Hearing. The learned

Counsel appearing for the Respondent - KSRTC 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/claimants

(being authorized by the appellants/claimants to sign) and the learned

advocate appearing for the respondent - KSRTC and its authorized

officer is filed. The appellants-claimants have agreed to receive and

the respondent-KSRTC has agreed to pay a lump-sum of Rs.5,00,000/-

(Rupees Five Lakhs only), in addition to what has been awarded by the

claims tribunal, in full and final settlement of the claim.

3. The Respondent - KSRTC 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, deposit and release of the enhanced

compensation amount shall be made in terms of the Judgment and

Award passed by the Claims Tribunal.

5. This Miscellaneous First Appeal stands disposed of in terms of

the Joint memo. The Judgment of the Tribunal shall stands modified

accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER

VS