Chandappa And Ors vs Basavaraj And Anr
2022 Latest Caselaw 4326 Kant

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HIGH COURT LEGAL SERVICES COMMITTEE, KALABURAGI
              BEFORE THE LOK-ADALAT

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH


       DATED THIS THE 12TH DAY OF MARCH, 2022

                CONCILIATORS PRESENT

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                          AND
              SRI K.A.KALBURGI, MEMBER

              M.F.A. No.200150/2021 (MV)
                 Lok Adalat No.110/2022

Between:
1.   Chandappa S/o Sabanna,
     Age: 71 Years, Occ: Nil,

2.   Mogalappa S/o Chandappa,
     Age: 45 Years, Occ: Nil,

3.   Gondalla Laxmamma W/o G.Kistappa,
     Age: 43 Years, Occ: Household,

4.   Narasamma W/o Mallappa,
     Age: 35 Years, Occ: Household,
5.   Siddamma D/o Chandappa,
     Age: 24 Years, Occ: Nil,

     All are R/o H.No.6-62,
     Konkal, Tq. & Dist: Yadgir.
                                            ... Appellants
(By Sri.Veeranagouda Malipatil, Advocate)
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And:

1.     Basavaraj,
       Age: 41 Years, Occ: Driver of NEKRTC
       Bus bearing No.KA-33/F-0256
       R/o Gurumitkal Bus Depot,
       Tq. & Dist: Yadgir-585 214.

2.     The Divisional Controller,
       NEKRTC Bus Depot,
       Hyderabad Road, Yadgir-585 202.
                                             ... Respondents

(V/o dated 18.12.2021 notice to R1 is dispensed with; By Smt. Sangeeta Bhadrashetty, Advocate for R2)

This Miscellaneous First Appeal is filed under Section 173(1) of M.V.Act praying to allow the appeal, the judgment and award dated 02.03.2020 in MVC No.102/2019 passed by the learned Senior Civil Judge and MACT-II at Yadgir, may kindly be modified by enhancing the compensation.

This appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed:

CONCILIATION ORDER

The learned counsel for the appellants/claimants and

the representative of Respondent - Corporation along with

its counsel are present.

2. After prolonged negotiations, the matter is

settled. The Appellants-claimants have agreed to receive

and the Respondent-Corporation has agreed to pay a

global compensation of Rs.2,50,000/- (Rupees Two Lakhs

Fifty 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. Same is accepted.

3. The order of apportionment and deposit ordered

by the Tribunal shall hold good for the compensation

awarded in this appeal.

4. 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.

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

SMP