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Madras High CourtCRP/174/2025disposed of

P. Kalamani v. Nagammal

2025-01-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 27.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and C.M.P.No.1248 of 2025 P.Kalamani ... Petitioner

Versus

1.Nagammal 2.Ramasamy 3.Karthikeyan 4.The New India Assurance Company Limited Rep by its Authorised Person No.184, Coimbatore Main Road Dasampalayam, Mettupalayam Coimbatore - 641 301 ... Respondents PRAYER : Petition filed under Article 227 of the Constitution of India, to set aside the Lok Adalat Award passed by the Taluk Legal Service Authority of learned Sub-Court, Mettupalayam in MCOP.No.127 of 2023 dated 14.12.2024. For Petitioners : Mr.D.Jegganathan Page 1 / 4

ORDER

Challenging the Lok Adalat award passing an award of compensation in favour of the respondent, the present revision has been filed by the guardian of the petitioner.

2. It is the contention of the petitioner that originally, husband had filed divorce petition against the wife which came to be decreed exparte on 28.11.2022. The husband died on 26.05.2023. Thereafter, the parents namely the respondents filed claim petition before the Tribunal and the same has been referred to the Lok Adalat on 14.12.2024. In the meanwhile, in MCOP, the petitioner had filed an application to implead herself, however, the same has been dismissed, as against which, revision has been filed and the same is pending separately. According to the revision petitioner, Lok Adalat award has to be set aside, since, she is also entitled to money. Hence, this revision.

3. Since, no adverse order is passed against the respondents, notice to the respondents is dispensed with. Heard the learned counsel for the petitioner and perused the materials placed on record.

4. As long as there was no fraud played on the Court in awarding the Page 2 / 4

compensation, this Court is of the view that the rights of the petitioner to claim shares are separate and independent, it has to be established in a separate proceedings.

5. Such view of the matter, I do not find any merits in the revision and accordingly, this revision stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed.

27.01.2025 Internet : Yes/No Index : Yes/No dhk N. SATHISH KUMAR, J.

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dhk To The Sub Judge Subordinate Court, Mettupalayam 27.01.2025 Page 4 / 4