S. Mathi v. P. Vasanthi
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th December, 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 Mr.M.Sambasivam, District Judge (Retd.) Mrs.D.Prasanna, Advocate CMA.No.3404 of 2024 Appeal against the order in M.C.O.P.No.1435 of 2020 dated 02.09.2024 on the file of the Motor Accident Claims Tribunal/Special District Court No.I, Cuddalore).
1.S.Mathi 2.Minor M.Priyadharshini 3.Minor M.Dharaniga 4.Minor M.Dhanusri (2 to 4 minor petitioners are rep.by their guardian, NF, father S.Mathi, the first petitioner herein) ... Appellants Vs.
1.P.Vasanthi 2.The Chief Manager Bajaj Allianz General Insurance Co., Ltd., No.497/498, 5th Floor, Isana Kattima Building, Poonamallee High Road, Arumbakkam, Chennai 600 106.
3.The Managing Director Tamil Nadu State Transport Corporation Limited Villupuram Region, Kancheepuram 631 501 (No award against R3 hence given up) ... Respondents This case is taken up for settlement before the National LokAdalat. Both the parties are present. Mrs.Ramya V. Rao, learned counsel for appellants and Mr.R.V.Sivaraj, 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 Tribunal has awarded a sum of Rs.36,90,200/-, with interest at 7.5% per annum, from the date of petition, till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellants have preferred the present appeal.
2. After due deliberation and discussions, both the parties have agreed to modify the award to a sum of Rs.40,00,000/- (Rupees Forty Lakhs Only) in full quit.
3. The 2nd respondent Insurance Company is directed to deposit the award amount of Rs.40,00,000/- (Rupees Forty Lakhs Only) in full quit, without interest, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this award. The apportionment shall be in the same ratio as awarded by the Tribunal.
4. It is found that the appellants 2 to 4 are minors and hence their share shall be deposited in any one of the Nationalized Bank for a fixed deposit in an interest bearing account, till attaining their majority. The first appellant father shall be entitled to withdraw the interest once in three months for the welfare of the minor children.
5. On such deposit, the first appellant is permitted to withdraw the modified amount without filing any formal petition. Award is passed accordingly.
6. 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.
1.S.Mathi 2.Minor M.Priyadharshini 3.Minor M.Dharaniga 4.Minor M.Dhanusri (2 to 4 minor petitioners are rep.by her guardian, NF, father S.Mathi, the first respondent herein) Counsel for the Appellants 2.The Chief Manager Balaji Allianz General Insurance Co., Ltd., No.497/498, 5th Floor, Isana Kattima Building, Poonamallee High Road, Arumbakkam, Chennai 600 106. Counsel for the second respondent 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
To:
The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal/Special District Court No.I, 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
P.B.BALAJI.J., rkp/dna CMA.No.3404 of 2024 14.12.2024