Bhagya vs Divisional Controller
2022 Latest Caselaw 4559 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. 6568/2021 (MV)
                (Lok Adalat No. 691/2022)

  BETWEEN

  1.    BHAGYA W/O DHARMA.
        DHARMEGOWDA,
        AGED ABOUT 44 YEARS.

  2.    DHARMA @ DHARMEGOWDA
        S/O LATE BOREGOWDA @
        APPAJIGOWDA,
        AGED ABOUT 51 YEARS.

  3.    POOJA D/O DHARMA
        @ DHARMEGOWDA,
        AGED ABOUT 24 YEARS.

  ALL ARE R/AT HALUVAGILU ROAD,
  THANNIRUHALLA,
  HASSAN - 573 201.                         ... APPELLANTS

              (BY SRI. : GIRISH B. BALADARE, ADVOCATE)
  AND

  DIVISIONAL CONTROLLER,
                                  2

KSRTC, CHICKAMAGALURU DIVISION,
CHIKKAMAGALUR - 577 101.                           ...RESPONDENT

(BY SRI. M. ASHOK KUMAR, ADVOCATE)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2016 PASSED IN MVC NO.877/2015 ON THE FILE OF THE 5TH ADDL. DISTRICT AND SESSIONS JUDGE AND ADDL. MACT, HASSAN, 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 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

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 apportionment and disbursement 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 and Award of the Tribunal shall stand

modified accordingly. Draw up the Award accordingly.

Sd/-

JUDGE

Sd/-

MEMBER Rbv