Valli v. D.Karthik

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June, 2025 NATIONAL 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, District Judge (Retd) Mrs.S.Thenmozhi, Advocate CMA No.3175 of 2019 Appeal against the Judgment and decree dated 03.11.2018 passed in M.C.O.P.No.5105 of 2017 on the file of the Motor Accidents Claims Tribunal / II-Small Causes Court, Chennai.

1.Valli 2.Minor P.Nishanthini 3.Minor P.Kaviya Minors-2 & 3 Rep. by the Next friend Guardian / Mother Mrs.P.Valli.

4.S.Saraswathi ...Appellants Vs.

1.D.Karthik 2.The United India Insurance Company Ltd., No.48, Arcot Road, Saligramam, Chennai - 93.

3.M.Sasikumar 4.The United India Insurance Co. Ltd., Divisional Office, Namakkal.

...Respondents

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This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.MA.P.Thangavel, learned counsel for appellants and Mr.S.Arunkumar, learned counsel for the second respondent is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act to set aside the Order in M.C.O.P.No.5105 of 2017 dated 03.11.2018 on the file of the Motor Accidents Claims Tribunal / II-Small Causes Court, Chennai.

2. The present appeal has been converted one under the provisions of the Employees Compensation Act and has been referred to the Lok Adalat for settlement.

3. The appellants are present in person along with their respective counsel.

4.The parties are agreeable to have an award to the tune of Rs.8,11,640/- (Rupees Eight Lakhs Eleven Thousand Six Hundred and Forty only), which shall be together with interest at 12% from 13.02.2020 till the date of deposit as per the provisions of the Employees Compensation Act.

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5.The 4th respondent, The United India Insurance Company Limited, is directed to deposit the award amount of Rs.8,11,640/- (Rupees Eight Lakhs Eleven Thousand Six Hundred and Forty only), which shall be together with interest at 12% from 13.02.2020 till the date of deposit, within a period of six weeks from the date of receipt of a copy of this order. The Apportionment of the award amount shall be as follows, (i) 1st appellant/wife - Rs.3,00,000/- full quit (ii) 4th appellant/mother - Rs.2,50,000/- full quit The remaining amount, after calculating the interest payable upto the date of deposit shall be deposited equally in the names of the two minor children/appellants 2 and 3.

6. The share of the appellants 2 & 3 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. 7.On deposit, except minor claimants, the major claimants are permitted to withdraw the award amount as apportioned by this Court without filing any formal petition. Award is passed accordingly. 8.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 3/6

petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any. 1.Valli 2.Minor P.Nishanthini 3.Minor P.Kaviya 4.S.Saraswathi Counsel for the Appellants 1.The United India Insurance Company Ltd., No.48, Arcot Road, Saligramam, Chennai - 93.

2.The United India Insurance Co. Ltd., Divisional Office, Namakkal.

Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member 4/6

To:

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal / II-Small Causes Court, 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 5/6

P.B.BALAJI.J., ata/cda CMA.No.3175 of 2019 14.06.2025 6/6