T. Iyyammal v. R. Rajasekar

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 V. LAKSHMINARAYANAN and Members Mr. M.Sambasivam, District Judge (Retired) Ms.C.P.Kavitha Renjini, Advocate C.M.A.No.2656 of 2023 (Appeal against the Judgment and Decree passed on 03.06.2023 in M.C.O.P.No.6725 of 2016 on the file of the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai.

1.T.Iyyammal 2.R.Usha 3.T.Saravanan 4.T.Amudhavalli 5.T.Sivakumar (Deceased) 6.S.Kokila 7.S.Santhosh 8.S.Bharath (A6 to A8 impleaded vide order of this Court dated 14.06.2025 in the memo filed before the Lok Adalat) ... Appellants/Petitioners Vs.

1.R.Rajasekar 2.Reliance General Insurance Company Limited, Reliance House, No.6, Haddows Road, Nungambakkam, Chennai - 600 034.

...Respondents/Respondents

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On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Ms.Nazira Banu for Ms.Ramya V.Rao, learned counsel for the appellants and Mr.Suresh Srinivasan, learned counsel for the second respondent are 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 The appellants/claimants herein had presented MCOP.No.6725 of 2016 seeking for a compensation of Rs.50,00,000/- for the death of Thirumal S/o. Govindasamy.The Tribunal has awarded a sum of Rs.12,99,200/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellants/claimants had preferred the present appeal seeking enhancement of Rs.3,00,000/-.

2. The deceased Thirumal was twice married. Rani was his first wife and the first claimant/Iyyammal was his second wife. Rani pre-deceased Thirumal. The appellants/claimants 2 to 4 are the children of Thirumal through his second wife/T.Iyyammal. The 5th appellant is the son of Thirumal through his first wife/ Rani.

3. Pending the appeal, the fifth appellant, viz., T.Sivakumar, the fifth appellant has passed away on 17.01.2025 leaving behind his wife Kokila, and sons, S.Santhosh and S.Bharath as his legal heirs. A legal heirship certificate has also been produced. Both the sons have crossed the age of 18. 2/5

4. A memo dated 14.06.2025 has been filed to bring on record the legal heirs of the deceased T.Sivakumar. The said memo is recorded. Accordingly, S.Kokila, S.Santhosh and S.Bharath are impleaded as Appellants 6 to 8 in this appeal.

5.After due deliberation and consultation, both the parties have agreed for full quit for a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs only). 6.The second respondent/insurance company is directed to deposit a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs only) to the credit of MCOP No.6725 of 2016 on the file of the learned Motor Accidents Claims Tribunal (III Court of Small Causes, Chennai within a period of four weeks from the date of receipt of a copy of this order.

7. On such deposit, the claimants 1 to 4/appellants 1 to 4 are permitted to withdraw a sum of Rs.3,20,000/- each, and the claimants 6 to 8/appellants 6 to 8 are permitted to withdraw a sum of Rs.3,20,000/- in equal proportion 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 petition. The Civil Miscellaneous Appeal is disposed of accordingly. 3/5

1.T.Iyyammal 2.R.Usha 3.T.Saravanan 4.T.Amudhavalli 5.S.Kokila 6.S.Santhosh 7.S.Bharath Counsel for the Appellants Reliance General Insurance Company Limited, Reliance House, No.6, Haddows Road, Nungambakkam, Chennai - 600 034.

Counsel for the Respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the parties in the manner provided under 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 nl 4/5

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal. (II Judge), Small Causes Court, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies C.M.A.No.2656 of 2023 14.06.2025 5/5