HIGH COURT LEGAL SERVICES COMMITTEE, DHARWAD BEFORE THE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 24 DAY OF JANUARY 2011 CONCILIATORS PRESENT: HON’BLE MR. JUSTICE A.N.VENUGOPALA GOWDA AND SRI G.S. SAUDATTI, MEMBER Miscellaneous First Appeal No.5238/2006(MV) C/W Miscellaneous First Aeal No.6036/2006 (MV) 10k Adalat No.381/2010 BETWEEN: SRI.HANUMANTHA OMANNA BANDIWADDAR AGED ABOUT 28 YEARS, RIO HALASI, TALUK: KHANAPUR, DIST: BELGAUM. :APPELLANT IN MFA 5238/2006 & RESPONDENT IN MFA 6036/2006 ... APPELLANT (BY SRLM.B.NARGUND, ADV. FOR APPELLANT IN MFA 5238/06 & SRI V.P.KULKARNI, ADV. FOR RESPONDENT IN MFA 6036/06) AND: THE DIVISIONAL CONTROLLER DIVISIONAL OFFICE, NWKRTC, BELGAUM DISTRICT, BELGAUM ROAD, BELGAUM. : RESPONDENT IN MFA 5238/2006 & APPELLANT IN MFA 6036/2006 (BY SRI.V.P.KULKARNI, ADV. FOR RESPONDENT IN MFA 5238/06 & SRI M.B.NARGUND, ADV. FOR APPELLANT IN MFA 6036/06) MFA 5238/06 Is FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.01.2006 PASSED IN MVC.NO.1037/2005 ON THE FILE OF THE CIVIL JUDGE(SR.DN.) & ADDL. MACT, KHANAPUR, SEEKING ENHANCEMENT OF COMPENSATION. MFA 6036/06 IS FILED U/S 173(1) OF MV ACT SEEKING TO SET ASIDE THE JUDGMENT AND AWARD DATED 31.01.2006 PASSED IN MVC.NO.1037/2005 ON THE FILE OF THE CIVIL JUDGE(SR.DN.) & ADDL. MACT, KHANAPUR. THESE APPEALS COMING ON FOR CONCILIATION BEFORE LOK ADALAT AFTER BEING REFERRED VIDE ORDER DATED 25.11.2010, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER MFA 5238/06 is by the claimant seeking enhancement of compensation. MFA 6036/06 is by the NWKRTC questioning the Award passed by the MACT. Both sides are represented by their learned advocates. The parties to these appeals have settled the matter and have filed a joint memo, in terms of which, NWKRTC has agreed to pay a further sum of 50,000/- to the claimant i.e., appellant in MFA 5238/06, in full and final settlement of the claim of the claimant / appellant in MFA 5238/06. NWKRTC shall deposit the said sum of 50,000/- in the MACT within a period of 6 weeks from the date of preparation of the modified 3 Award. In case of default, the amount shall carry interest at the rate of 9% p.a. from the date of default till the date of deposit. Upon deposit, a sum of 20,000/- shall be kept in Fixed Deposit in the name of the claimant in any nationalised Bank for a period of 3 years. The appellant is permitted to withdraw the periodical interest accruing therefrom. The MACT to release the balance amount of 3O,O00/- in favour of the claimant. MFA 6036/06 shall stand dismissed as not surviving for consideration. Draw the Award in MFA 5238/06 accordingly. Sd/ JUDGE Pv