H K SAVITHA v. MANAGING DIRERCTOR OWNER CUM CUSTODIAN OF
MFA/10/2023 · 2025-04-24
Lok Adalath
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74706 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74706 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL 2025
CONCILIATORS PRESENT:
THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI
&
SRI. RAVI. S. SAMPRATHI, MEMBER
M.F.A.No.10/2023 (MV) (Lok Adalat No.1059(a)/2025) C/w M.F.A.No.3869/2022 (MV) (Lok Adalat No.1059/2025) IN M.F.A. NO. 10/2023: BETWEEN:
1.
H K SAVITHA, W/O LATE N R SRINIVASAMURTHY, AGED ABOUT 40 YEARS,
2.
RATHAN N, S/O LATE N R SRINIVASAMURTHY, AGED ABOUT 24 YEARS.
3.
NITHIN N S, S/O LATE N R SRNIVASAMURTHY, AGED ABOUT 17 YEARS, MINOR, REP BY THEIR GUARDIAN- MOTHER H K SAVITHA APPELLANT NO.1.
2
4.
K T LAKSHMAMMA, W/O N J RANGASWAMY, AGED ABOUT 69 YEARS.
5.
N J RANGASWAMY, S/O LATE N H JAVARAPPA, AGED ABOUT 77 YEARS.
ALL ARE RESIDING AT: KENCHEGOWDANAKOPPALU, MULUKATTE, SAREMEGALAKOPPALU, T B EXTENSION, NAGAMANGALA TALUK, MANDYA DISTRICT-571432.
... APPELLANTS (BY SRI. SREENIVASAN M Y, ADVOCATE)
AND:
MANAGING DIRERCTOR, OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC, DOUBLE ROAD, SHANTHINAGAR, BENGALURU-560027.
... RESPONDENT (BY SRI. B.P. RADHA, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.12.2021 PASSED IN MVC NO.
1151/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NAGAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
3 IN M.F.A. NO. 3869/2022: BETWEEN:
MANAGING DIRECTOR, OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF THE KSRTC BUS BEARING NO.KA-06-F-972, DOUBLE ROAD, SHANTHI NAGAR, BENGALURU.
(OWNER CUM CUSTODIAN OF THE KSRTC BUS BEARING NO.KA-06-F-972)
REPT HEREIN BY ITS CHIEF LAW OFFICER, BANGALORE.
… APPELLANT (BY SRI. B.P. RADHA, ADVOCATE)
AND:
1.
H K SAVITHA, W/O LATE N R SRINIVASAMURTHY, AGED ABOUT 39 YEARS.
2.
RATHAN N S, S/O LATE N R SRINIVASAMURTHY, AGED ABOUT 23 YEARS.
3.
NITHIN N S, S/O LATE N R SRINIVASAMURTHY, AGED ABOUT 16 YEARS.
4.
K T LAKSHMAMMA, S/O LATE N R SRINIVASAMURTHY, AGED ABOUT 68 YEARS.
4
5.
N J RANGASWAMY, S/O LATE N H JAVARAPPA, AGED ABOUT 76 YEARS.
ALL ARE RESIDING AT: KENCHEGOWDANAHAKOPPALU, MULUKATTE, SAREMEGALAKOPPALU, T B EXTENSION, NAGAMANGALA TALUK, MANDYA DISTRICT.
(RESPONDENT NO.3 BEING MINOR, REPRESENTED BY THEIR NATURAL MOTHER SMT H K SAVITHA AS THEIR MINOR GUARDIAN AND NEXT FRIEND.)
… RESPONDENTS (BY SRI. SREENIVASAN. M.Y, ADVOCATE)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 07.12.2021 PASSED IN MVC NO.
1151/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NAGAMANGALA, AWARDING COMPENSATION OF RS.22,22,500/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSITING OF COMPENSATION AMOUNT IN THE COURT.
THESE APPEALS 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 – Corporation along with its representative are present.
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2. After prolonged negotiations, the matter is settled. 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 sum of Rs.22,50,000/- (Rupees Twenty Two Lakhs Fifty Thousand only) with interest 6% pm from the date of petition till the date of deposit, instead of Rs.22,22,500/- with interest at 9% p.m. awarded by the Claims Tribunal, in full and final settlement of the claim.
3. The Respondent - Corporation 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. The parties are not entitled for any cost. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal.
4. The apportionment, deposit and release of the modified compensation amount shall be made in terms of the Judgment and Award passed by the Claims Tribunal.
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5. Accordingly, M.F.A. No.10/2023 filed by the appellants – claimants stands disposed of in terms of the Joint memo. The
Judgment and Award of the Tribunal shall stand modified accordingly. In view of the settlement arrived at between the parties in M.F.A. No.10/2023 filed by the appellants – claimants, the connected M.F.A. No.3869/2025 filed by the respondent – Corporation is hereby
disposed. Draw up the Award accordingly.
Sd/- JUDGE
Sd/- MEMBER
SHS