Karnataka High Court
Chandrakanth S/O Shivappa Madagi vs The Managing Director, Nekrtc on 8 September, 2018
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HIGH COURT LEGAL SERVICES COMMITTEE,
KALABURAGI
BEFORE THE LOK-ADALAT
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF SEPTEMBER 2018
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE N. K. SUDHINDRARAO
AND
MR. MOHD. ABDUL QUAYUM, MEMBER
M.F.A.No.201460/2016 (MV)
Lok Adalat.No.33/2017
BETWEEN:
Chandrakanth S/o Shivappa Mudagi,
Age : 35 Years, Occ : Agriculture,
R/o Kannolli, Tq. Sindagi,
Dist. Vijaypur, Now residing
at Ibrahimpur peth, Vijayapur-586 101.
... Appellant
(By Sri Babu H. Metagudda, Advocate)
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AND:
The Managing Director,
NEKRTC, Kalaburagi,
Through D.C. NEKRTC, Bus Depot,
Athani Road, Vijayapur-586 101.
... Respondent
(By Sri Sharanabasappa M. Patil, Advocate) This miscellaneous First Appeal is filed under Section 173 (1) of the Motor Vehicles Act praying to call for the records in MVC No.657/2013 on the file of the Principal Senior Civil Judge and Motor Accident Claims Tribunal No-V at Vijayapur. Allow this appeal and modify the judgment and award dated 06.04.2015 passed in MVC No.657/2013 by the Principal Senior Civil Judge and Motor Accident Claims Tribunal No.V at Vijayapur. And enhancing the compensation from Rs.1,32,600/- with 6% interest to Rs.14,99,000/- with 12% interest and etc. This Appeal coming on for Conciliation before Lok Adalat, this day, the following order is passed: 3
CONCILIATION ORDER The learned counsel for the appellant and the learned counsel for respondent - N.E.K.R.T.C. are present.
2. After due deliberations, the parties have arrived at a settlement. The appellant - claimant has agreed to receive and the respondent - N.E.K.R.T.C. has agreed to pay global compensation of Rs.48,000/- (Rupees Forty Eight Thousand Only) inclusive of interest in addition to what has been awarded by the Tribunal, towards full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.
3. The respondent - N.E.K.R.T.C. has agreed to deposit the said amount before the Tribunal, within six weeks from the date of preparation of the award, failing which, the said amount shall carry interest at 9% p.a. from the date of default, till the date of deposit. 4
4. The entire enhanced amount is ordered to be released in favour of the claimant on deposit.
Accordingly, Miscellaneous First Appeal stands disposed off in terms of the Joint Memo. The award of the Tribunal shall stand modified. Draw award accordingly.
Sd/-
JUDGE Sd/-
MEMBER RSP