Smt S Rani vs The Managing Director
2022 Latest Caselaw 4555 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. 2293/2021 (MV)
                 (Lok Adalat No. 678/2022)
  BETWEEN

  SMT. S. RANI, NOW AGED 62 YEARS,
  W/O LATE CHINNATHAMBI,
  R/O DUGALADKA HOUSE,
  AMARAMUDNOOR VILLAGE, SULLIA
  TALUK; DAKSHINA KANNADA
  DISTRICT - 574 239.                          ... APPELLANT

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

  1.    THE MANAGING DIRECTOR,
        DIVISIONAL CONTROLLER,
        KSRTC, CHAMARAJANAGAR,
        BENGALURU-560 026.

  2.    B. ABHISHEK S/O BASAVARAJU,
        NOW AGED 40 YEARS,
        R/O KUPPE VILLAGE, HUNASUR
        TALUK, MYSORE DISTRICT-570 012.      ... RESPONDENTS

(BY SRI. M. ASHOK KUMAR, ADVOCATE FOR R-1)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.07.2018 PASSED IN MVC NO.1368/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, SULLIA, 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.2,00,000/-

(Rupees Two Lakhs 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. Out of the enhanced compensation amount to be deposited by

the Insurance Company, Rs.50,000/- is directed to be invested in Fixed

Deposit in the name of the appellant/claimant in any Nationalized

Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to

the appellant/claimant to withdraw the interest periodically. The

remaining amount of Rs. 1,50,000/- is ordered 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