Mr Nithyananda K S vs Managing Director Mangalore ...
2022 Latest Caselaw 4445 Kant

                           1

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

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 12th DAY OF MARCH, 2022

                CONCILIATORS PRESENT:

        THE HON'BLE MRS. JUSTICE S.SUJATHA
                          &
          SMT. MANJULA N TEJASWI, MEMBER

                M.F.A.No. 1665/2021 (MV)
                (Lok Adalat No. 677/2022)

  BETWEEN

  MR. NITHYANANDA K.S.
  NOW AGED 57 YEARS,
  S/O LATE SHIVANANDA,
  R/O SRIDURGA NILAYA,
  SHIRADY VILLAGE, GUNDYA POST,
  PUTTUR TALUK, DAKSHINA
  KANNADA DISTRICT-574 201.                 ... APPELLANT

            (BY SRI. VISHWANATHA POOJARY K., ADVOCATE)
  AND

  MANAGING DIRECTOR,
  MANGALORE DIVISION, K.S.R.T.C.,
  CENTRAL OFFICE, K.H. ROAD,
  BENGALURU-27, REPRESENTED BY
  DIVISIONAL CONTROLLER,
  PUTTUR DIVISION, K.S.R.T.C.,
  PUTTUR, PUTTUR TALUK, DAKSHINA
  KANNADA DISTRICT - 574 201.               ...RESPONDENT

(BY SRI. SHANKAR GOUD, ADVOCATE)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2018 PASSED IN MVC NO.1777/2017 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE & MEMBER, ADDL. MACT, D.K., MANGALURU SITTING AT PUTTUR, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant 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 appellant/claimant

(being authorized by the appellant/claimant to sign) and the learned

advocate appearing for the respondent - KSRTC and its authorized

officer is filed. The appellant-claimant has agreed to receive and the

respondent - KSRTC has agreed to pay a lump-sum of Rs.25,000/- (Rupees

Twenty Five Thousand only), in addition to what has been awarded by

the Tribunal, in full and final settlement of the claim.

3. The Respondent - Insurance Company 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 is directed to be

released in favour of the appellant / claimant, 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 Rbv