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Karnataka High Court

Smt Jayanthi K vs The Managing Director Bmtc on 8 September, 2018

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       HIGH COURT LEGAL SERVICES COMMITTEE,
                    BENGALURU

               BEFORE THE LOK ADALAT

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 8TH DAY OF SEPTEMBER, 2018

                CONCILIATORS PRESENT:

         THE HON'BLE MR. JUSTICE R DEVDAS

                           AND

                SRI RACHAIAH, MEMBER

    Miscellaneous First Appeal No.2020 of 2017 (MV)
               Lok Adalat No.876 of 2018

BETWEEN:

Smt.Jayanthi K, w/o Nataraja S
aged 46 years, r/o Pay and Accounts
Office, No.29, Annexe Building,
SRPC Campus, Race Course Road
Bengaluru-560 097.                       ... Appellant

(By Sri A Dhananjaya, Advocate)

AND:

The Managing Director, BMTC
K H Road, Bengaluru-560027.             ... Respondent

(By Sri F S Dabali, Advocate) This MFA is filed under Section 173(1) of MV Act against the judgment and award dated 6.12.2016 passed in MVC No.5144/2015 on the file of the 13th Additional Small Cause Judge & Member, MACT, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.

This appeal coming on for conciliation this day, R DEVDAS J., delivered the following:-

CONCILIATION ORDER The learned counsel for the claimant - appellant and the learned counsel for the Insurance Company along with its representative are present.

2. After prolonged negotiations, the matter is settled. The appellant - claimant has agreed to receive and the respondent - Insurance Company has agreed to pay a lump sum of Rs.20,000/- (Rupees twenty thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. A joint memo is filed on behalf of the parties to this effect.

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 released in favour of the appellant.

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 Bkm.