Mahadevi.V vs The Divisional Controller
2024 Latest Caselaw 3932 Kant

Karnataka High Court

Mahadevi.V 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. 3082/2023 (MV)
                   (Lok Adalat No. 2050/2023)
  BETWEEN:
  1.    Mahadevi V.
        W/o Late Manja,
        Aged about 27 years.

  2.    Asha
        D/o Late Manja,
        Aged about 7 years.

  3.    Shravya D/o Late Manja,
        Aged about 5 years.
  Appellant No.2 & 3 are being
  Minors Rep. by Natural Guardian
  Mother Smt. Mahadevi/1st Petitioner.

  All are R/at #108,
  Mnandavadi Road,
  Vaddara Palya Village,
  Hampapura, Hampapura Hobli,
  H.D. Kote Taluk,
  Mysuru District - 571 125.
                                        2


      Now all are R/at
      C/o Madabovi, 2nd Cross,
      Nimishamba Temple Road,
      Ganjam, S.R. Patna Town & Taluk,
      Mandya District-571 438.                            ...APPELLANTS
                          (By Sri. Pramod R., Advocate)
      AND:
      The Divisional Controller,
      Owner cum custodian of
      Internal Insurance Fund of the
      K.S.R.T.C. bus bearing
      No. KA-09/F-5073,
      K.H. Double Road,
      Shanthi Nagar,
      Bengaluru-560 027.                               ...RESPONDENT

(By Sri. D. Vijay Kumar, Advocate)

MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.09.2022 PASSED IN MVC NO. 2317/2019 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 Appellants - Claimants 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 appellants/claimants

(being authorized by the appellants/claimants to sign) and the learned advocate

appearing for the respondent-Corporation and its authorized officer is filed.

The appellants - claimants have agreed to receive and the respondent -

Corporation has agreed to pay a lump-sum of Rs. 7,76,052/- (Rupees Seven

Lakhs Seventy Six Thousand Fifty Two 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 enhanced compensation amount shall be disbursed in accordance

with the terms and conditions stipulated in 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