N. Arshiya Sufiyan v. Shakeel Ahmed

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June, 2025 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) C.M.A.No.1697 of 2024 This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the amount awarded in M.C.O.P.No.3017 of 2018 dated 07.12.2023 by the Motor Accident Claims Tribunal (Court of Small Causes, Special Judge Court - I) Chennai.

1. N.Arshiya Sufiyan

2. A.Abdur Rauf Alwan

3. A.Mohanmmed Zackwan

4. A.Leena Fatima

5. A.Pethakhan ... Appellants Vs.

1. Shakeel Ahmed

2. United India Insurance Company Limited, Regional office, 4th Floor, Silingai Building 4th Floor, No.134, Greanway Road, Chennai - 600 006.

..Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present.

Mr.K.Varadha Kamaraj and P.Mariyammal, learned counsel appearing for the appellant and Mr.D.Baskaran, learned counsel appearing for the second respondent. TERMS OF SETTLEMENT

This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to enhance the amount awarded in M.C.O.P.No.3017 of 2018 dated 07.12.2023 by the Motor Accident Claims Tribunal (Court of Small Causes, Special Judge Court - I) Chennai.

2. The claimants are the appellants, seeking enhancement of compensation awarded by the Tribunal in respect of Motor Accident which resulted in the demise of one Ayya Pillai Mohammed Sufiyan. The first appellant is the wife of the deceased, the appellants 2 to 4 are minor children of the deceased and the fifth appellant is the mother of the deceased. The Tribunal has awarded a sum of Rs.19,29,000/- (Rupees Nineteen Lakhs Twenty Nine Thousand) with 7.5% interest per annum. The said amount has been deposited and the major claimants have already withdrawn their share. The minor claimants are entitled to the amount as directed by the Tribunal.

3. The parties are present along with their respective counsel.

4. After deliberation, it has been agreed for enhancement of the award amount by a sum of Rs.20,00,000/- (Rupees twenty Lakhs only) in full quit, over and above the amount already awarded by the Tribunal, as compensation.

5. The second appellant, who is a minor at the time of filing of

C.M.A., now attained majority on 27.12.2024. The learned counsel for the appellants filed a memo enclosing the Birth Certificate and Aadhar Card of the second appellant which evidences the fact that the second appellant has attained majority. The said memo is taken on file. The Registry is directed to carry out necessary amendments in the cause title.

6. At the time of filing C.M.A., the second appellant was a minor. Now he has become a major, his date of birth being 27.12.2006. The second appellant is declared as a major.

7. The 2nd respondent is directed to deposit the above said enhanced award amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) with interest, after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this award. The Apportionment of the enhanced award amount shall be as follows, (i) 1st appellant/wife - Rs.10,00,000/- (ii) 5th appellant/mother - Rs.2,50,000/- (iii) 2nd appellant - Rs.2,50,000/- (iv) 3rd appellant - Rs.2,50,000/- (v) 4th appellant - Rs.2,50,000/-

8. The share of the appellants 3 & 4 shall be kept in any one of the Nationalised Banks in an interest bearing deposit and the interest of which shall be taken by the mother/1st appellant once in every three months. Since the second appellant who has attained majority, he is entitled to

withdraw his share. On such deposit, except minor claimants, the major claimants are permitted to withdraw the enhanced amount as apportioned by this Court without filing any formal petition. Award is passed accordingly.

9. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any. Refund of Court fees as applicable, shall be refunded.

1. N.Arshiya Sufiyan

2. A.Abdur Rauf Alwan

3. A.Mohanmmed Zackwan

4. A.Leena Fatima

5. A.Pethakhan Counsel for the Appellant United India Insurance Company Limited, Regional office, 4th Floor, Silingai Building 4th Floor, No.134, Greanway Road, Chennai - 600 006.

Counsel for the respondent Judge Member Member

To:The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal (Court of Small Causes, Special Judge Court - I) Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies kmm/rkp

P.B.BALAJI, J.

kmm/rkp C.M.A.No.1697 of 2024 14.06.2025