Shalini vs The Divisional Controller
2024 Latest Caselaw 3926 Kant

Karnataka High Court

Shalini vs The Divisional Controller on 8 February, 2024

                                   1

HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
            BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 08TH DAY OF FEBRUARY 2024

                  CONCILIATORS PRESENT:

  THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
                               &
                   SMT. KAVERI, MEMBER
                  M.F.A.No. 4569/2022 (MV)
                   (Lok Adalat No. 721/2024)
  BETWEEN:
  Shalini D/o Mahadevu,
  Now aged about 25 years,
  R/at Kothathi Village,
  Mandya Taluk, Mandya District,
  Now R/a C/o Basavaraju,
  3rd Cross, Ranganathanagara,
  Srirangapatna Town,
  Mandya District.                                   ...APPELLANT
                     (By Sri. Pramod R., Advocate)

  AND:
  The Divisional Controller,
  Owner cum Custodian of
  Internal Insurance Fund of
  The KSRTC Bus No.KA-09/F-4307,
  K.H. Double Road, Shanthi Nagara,
  Bangalore - 560 027.                            ...RESPONDENT

(By Sri. D. Vijay Kumar, Advocate)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2022 PASSED IN MVC NO. 1341/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND MEMBER, MACT, SRIRANGAPATANA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

CONCILIATION ORDER

The learned Counsel appearing for the Appellant - Claimant is present.

The learned Counsel appearing for the Respondent - K.S.R.T.C. along with its

representative are present.

2. After prolonged negotiations, the matter is settled amicably. 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-Corporation and its authorized officer is filed.

The appellant - claimant has agreed to receive and the respondent -

Corporation has agreed to pay a lump-sum of Rs. 1,90,000/- (Rupees One

Lakh Ninety Thousand only) in addition to what has been awarded by the

Tribunal, in full and final settlement of the claim. Hence, the Joint Memo is

accepted.

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 shall be disbursed 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