Madras High CourtCMA(MD)/53/2016settled before the lokadalats

Kanmani v. Venkatachalam

2025-12-13Honourable Mrs Justice R. Tharani (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of December 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice R. THARANI (Retd.) and Members Mr.G.P.Elango, District Judge(Retired) , Mrs.C.Jeya Indira Patel, Advocate CMA(MD) No.53 of 2016 (Appeal against the judgment and decree passed on 10/07/2013 in MCOP.448/2012 on the file of the ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI.) 1.Kanmani (R1-MINOR DECLARED AS MAJOR AND GUARDIANSHIP DISCHARGED, VIDE COURT ODR DT.27.10.17 MADE IN CMP(MD)9689/17 BY MKKSJ & VBSJ) 2.Minor Letchumanan 3.Kannathal (Minor petitioners are represented by their Mother and natural guardian Kannathal/3rd Petitioner) 4.Krishnan ...Appellants

Versus

1.VENKATACHALAM S/O. SOLAIYAN, DOOR NO.14B, COLONY ILLAM, COLONY ROAD, KOTTAIYUR POST, KARAIKUDI TALUK, SIVAGANGAI DISTRICT. 2.THE BRANCH MANAGER SRIRAM GENERAL INSURNACE COMPANY LIMITED, 10003E, NO.8, R.I.I.C.O. INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN STATE - 302 002.

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...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellants Mr.R.Devaraj and the counsel for R2 Mr.D.Sivaraman are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD The appellants have filed the above appeal seeking enhancement of the award passed by the Tribunal in M.C.O.P.No.448 of 2012 on the file of the Motor Accident Claims Tribunal / Additional District Court, Pudukkottai.

2. Now, the parties have arrived at a settlement for a sum of Rs. 16,70,000/- (Rupees Sixty Lakhs and Seventy Thousand only). Out of the said amount, the second respondent had already deposited a sum of Rs.10,20,000/- with interest. The second respondent has agreed to deposit the balance amount of Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) without any further interest within a period of eight weeks from today.

3. The second appellant appeared through Video call and he agreed for the terms of the Lok Adalat. A Memo vide USR No.52165, dated 13.12.2025 has been filed to that effect and the same is recorded.

4. On the side of the appellants, it is stated that the fourth appellant is dead. A Memo vide USR No.52166, dated 13.12.2025 has been filed to that effect and the same is recorded. The Tribunal has fixed 10% as the share of the deceased 4th appellant. With regard to the fourth appellant's share, it can be decided by way of filing a separate miscellaneous petition by impleading his legal heirs, if any. 2/4

5. The appellants 1 to 3 are entitled to withdraw the award amount as per the apportionment fixed by the Tribunal by filing appropriate application before the Tribunal.

KANMANI Letchumanan Kannathal Krishnan Counsel for the Appellants VENKATACHALAM THE BRANCH MANAGER SRIRAM GENERAL INSURNACE COMPANY LIMITED, 10003E, NO.8, R.I.I.C.O. INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN STATE - 302 002.

Counsel for the Respondents 3/4

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 Tamilnadu 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. The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. ADDITIONAL DISTRICT JUDGE, PUDUKKOTTAI..

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

Typed By C SORNASELVAM/LS PA To The Hon'ble Judges 4/4