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2025 DAILYLAW 75483 (KAR)

THE MANAGING DIRECTOR v. SRI AVINASH S

MFA/6503/2021 · 2025-07-12

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE S VISHWAJITH SHETTY & SMT.NIRMALA K., MEMBER M.F.A.No.6503/2021 (MV) (Lok Adalat No.6406/2025) BETWEEN 1 . THE MANAGING DIRECTOR BENGALURU MAHANAGARA TRANSPORT CORPORATION (BMTC) KENGAL HANUMANTIAH RD, SHANTI NAGAR, BANGALORE-560027. ..APPELLANT (BY SRI SOHANI A HOLLA) AND 1 . SRI AVINASH S S/O SHIVANNA H, AGED ABOUT 38 YEARS, R/AT NO.3815, 13TH CROSS, 50 FT MAIN ROAD, KUMARAWAMY LAYOUT, 2 BENGALURU-560078. …RESPONDENT (BY SRI K R NAGARAJA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2021 PASSED IN MVC NO.870/2020 ON THE FILE OF THE XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, [SCCH- 14], AWARDING COMPENSATION OF RS.11,42,500/- WITH INTEREST AT 7 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER The learned Counsel appearing for the Appellant – Corporation is present. The learned Counsel appearing for the Respondent – Claimant along with its representative are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant/corporation (being authorized by the appellant/corporation to sign) and the learned advocate appearing for the respondent - claimant and its authorized officer is filed. The 3 Respondent – Claimant has agreed to receive and the Appellant – Corporation has agreed to pay a lump-sum of Rs.11,00,000/- (Rupees Eleven Lakhs Only), with interest at 6% P.A instead of Rs.11,42,500/- with interest at 7% P.A what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The Appellant - 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. 4. Out of the modified compensation amount to be deposited by the Corporation, Rs.3,00,000/- is directed to be invested in Fixed Deposit in the name of the respondent/claimant in any Nationalized Bank/Scheduled Bank/Post Office for a period of 3 years with liberty to the respondent /claimant to withdraw the interest periodically. The remaining amount of Rs.8,00,000/- is ordered to be released in favour of the respondent – claimant, on proper identification. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. 5. This Miscellaneous First Appeal stands disposed of in terms of the Joint 4 memo. The Judgment and Award of the Tribunal shall stand modified accordingly. Draw up the Award accordingly. Sd/- JUDGE Sd/- MEMBER KAV