Karnataka High Court
Regional Manager vs Smt. Praveen Taj on 12 March, 2022
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. 7345/2017 (MV)
(Lok Adalat No. 839/2022)
BETWEEN
REGIONAL MANAGER,
KARNATAKA STATE ROAD TRANSPORT
CORPORATION, (KSRTC),
BANNIMANTAPA,
URBAN DIVISION,
MYSURU,
HEREIN REPRESENTED BY
THE CHIEF LAW OFFICER, KSRTC,
CENTRAL OFFICES,
K.H. DOUBLE ROAD,
BANGALORE-560 027. ...APPELLANT
(BY SRI. B.L. SANJEEV, ADVOCATE)
AND
1. SMT. PARVEEN TAJ
W/O FAISAL PASHA,
AGED ABOUT 35 YEARS.
2. SMT. SHAHIN W/O PASHA
@ ASLAM PASHA, AGED ABOUT 33 YEARS.
2
3. SRI. ATEEQ PASHA
S/O LATE ABDUL KAREEM
@ CHOTA SAB,
AGED ABOUT 31 YEARS.
ALL ARE RESIDING AT
DOOR NO.2354, I CROSS,
SULTAN PARK ROAD,
KAILASAPURAM, MANDI MOHALLA,
MYSURU. RESPONDENTS
(By Sri. S. MALLIKARJUNA SWAMY, ADVOCATE FOR R-1 TO R-3) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.04.2017 PASSED IN MVC NO.618/2014 ON THE FILE OF THE JUDGE, ADDL. COURT OF SMALL CAUSES, MYSURE, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.8,64,000/- ALONG WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
THIS APPEAL COMING ON FOR CONCILIATION BEFORE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED.
CONCILIATION ORDER The learned Counsel appearing for the Appellant - KSRTC along with its representative are present. The learned Counsel appearing for the Respondents - claimants is present through video conferencing/physical hearing.
3
2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the respondents/claimants (being authorized by the respondents/claimants to sign) and the learned Advocate appearing for the Appellant - KSRTC and its authorized officer is filed. The respondents - claimants have agreed to receive and the Appellant - KSRTC has agreed to pay a lump-sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) instead of Rs.8,64,000/- with interest @ 6% p.a. awarded by the Tribunal, in full and final settlement of the claim. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal.
3. The Appellant - KSRTC 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. Out of the modified / reduced compensation amount to be deposited by the K.S.R.T.C., respondent Nos.1 and 2 / Claimant Nos.1 and 2 are entitled for 50% each and out of their shares, 50% each is directed to be invested in Fixed Deposit in the name of the respondent Nos.1 and 2 /claimant Nos.1 and 4 2 in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the respondent Nos.1 and 2 /claimant Nos.1 and 2 to withdraw the interest periodically. The remaining 50% shares is ordered to be released in favour of the respondent Nos.1 and 2 - claimant Nos.1 and 2, 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