R.Subalakshmi v. P.Manikandan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th June 2024 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 Miss.V.Ahalya, District Judge (Retd.) Ms.S.Farhath, Advocate CMA.No.2301 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.1379 of 2018 dated 25.07.2022 on the file of the Motor Accident Claims Tribunal/I Additional District and Sessions Judge (FAC) Cuddalore.
1.R.Subalakshmi 2.Minor R.Hariharaselvan 3.S.Selvamani 4.S.Selvarani 5.S.Vimalarani (Minor 2nd appellant represented by mother and natural guardian R.Subalakshmi, the 1st appellant herein) ... Appellants Vs 1.P.Manikandan 2.United India Insurance Co.Ltd., Third Party Service Hub, Plot No.35,36 and 37 AR Plaza, 45 Feet Road, Balaji Nagar Extn., Saram Puducherry - 605 011.
...Respondents
This case is taken up for settlement before the National Lok Adalat. Mrs.Ramya Rao, learned counsel for the Appellants and Mr.S.Arunkumar, learned counsel for the second Respondent are present before this Court. TERMS OF SETTLEMENT The claimants are seeking enhancement of compensation. The claimants are the wife, minor son, parents and unmarried sister of the deceased viz., S.Ramaniselvan, who have claimed compensation for the death of S.Ramaniselvan.
2. After trial, the Tribunal has awarded a sum of Rs.40,03,357/-(rounded of Rs.40,03,400/-). After deliberation, we have also advised the Insurance Company/2nd respondent and the learned counsel for the claimants to factor the educational qualification of the deceased and consider the same to enhance the compensation awarded by the Tribunal.
3. After discussion, the parties have now resolved to enhance the compensation by another sum of Rs.10 lakhs over and above, the award passed by the Tribunal in full quit.
4. The second respondent/Insurance Company is directed to deposit the enhanced sum Rs.10 lakhs together with interest within a period of eight week, together with original award amount, if not deposited already.
5. On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the appellants' bank account on proper identification of them, in accordance with the terms of the award, without insisting on any formal petition.
6. The Appellants/Claimants are entitled to withdraw the entire enhanced amount of Rs.10,00,000/- together original award amount. The apportionment for the enhanced amount is as per the Tribunal award amount. Consequently, connected miscellaneous petition, if any, is closed.
1.R.Subalakshmi 2.Minor R.Hariharaselvan 3.S.Selvamani 4.S.Selvarani 5.S.Vimalarani Counsel for the Appellants United India Insurance Co.Ltd., Third Party Service Hub, Plot No.35,36 and 37 AR Plaza, 45 Feet Road, Balaji Nagar Extn., Saram Puducherry - 605 011.
Counsel for the second Respondent
P.B.BALAJI, J.
rkp This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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 To:The parties/Advocate concerned Copy to:
1.Motor Accident Claims Tribunal/I Additional District and Sessions Judge (FAC) Cuddalore.
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. CMA.No.2301 of 2022 08.06.2024