Sri. Shivaswamy vs The Manager Director
2022 Latest Caselaw 4646 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. 6229/2019 (MV)
                 (Lok Adalat No. 686/2022)

  BETWEEN

  1.    SRI. SHIVASWAMY.
        S/O LATE SHANKARAPPA,
        AGED ABOUT 48 YEARS.

  2.    SMT. SUMA W/O SHIVASWAMY,
        AGED ABOUT 41 YEARS.

  BOTH ARE R/AT YADAHALLI VILLAGE,
  BANNUR HOBLI, T. NARASHIPURA
  TALUK, HANUMANALU POST,
  MYSORE DISTRICT-570 001.                   ... APPELLANTS

        (BY SRI. H.M.GIRISHA AND SRI.K.S. ANANDA, ADVOCATES)
  AND

  THE MANAGER DIRECTOR,
  KSRTC DIVISION, K.H. ROAD,
  SHANTHINAGAR, BANGALORE-560 027.           ...RESPONDENT

(BY SMT. LALITA P.M., ADVOCATE)

THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.04.2019 PASSED IN MVC NO.5875/2018 ON THE FILE OF THE XXII ADDL. SMALL CAUSES JUDGE AND XX ACMM & MEMBER, MACT (SCCH-24), BENGALURU, 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.8,40,000/-

(Rupees Eight Lakhs Forty 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 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