The Branch Manager v. Rajeswari

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of March 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice K.K. RAMAKRISHNAN and Members Mr.G.P.Elango, District Judge(Retired) , Mr.P.Ganapathi Subramanian, Advocate CMA(MD)No.138 of 2020 (Appeal against the judgment and decree passed on 06.07.2019 in MCOP.72 of 2019 on the file of the Motor Accident Claims TribunalAdditional District Judge, Karur ) The Branch Manager, Oriental Insurance Company Limited, Thanjavur.

...Appellant

Versus

1.S.Rajeswari 2.Minor.S.Ridhi Keethi 3.Minor.S.Harshini 4.Minor.S.Jeevithan Minors 2 to 4 respondents rep.

By their mother and guardian of first respondent - Rajeswari) 5.Nallammal 6.Poonkodi 7.Balasubramanian (R6 & R7 remained exparte before the Court below)

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.C.Karthik and the counsel for the respondents 1 to 5 Mr.S.Karthick Ramkumar, 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 Insurance Company preferred the Appeal. Both the parties along with their respective counsels are present. The respondents 1 to 5 / Claimants agreed to receive Rs.49,50,000/- with interest at the rate of 7.5% per annum and costs.

The first respondent, viz., wife of the deceased is agreed to receive Rs.15,00,000/- with proportionate interest and costs The respondents 2 and 3 viz., daughters of the deceased, who are become major, and they agreed to receive Rs.7,00,000/- each with proportionate interest and costs.

The fifth respondent, viz., mother of the deceased is agreed to receive Rs.3,00,000/- with proportionate interest and costs The fourth respondent, viz., son of the deceased, is entitled to Rs.17,50,000/- with proportionate interest and costs The learned counsel for Insurance Company submits that the Insurance Company has already deposited the award amount. The Insurance Company is directed to withdraw the remaining amount, less the aforesaid mentioned amount.

On such deposit being made, the respondents 1 to 3 and 5/ major claimants are permitted to withdraw their share amount as apportioned by this Court, after filing proper application before the Tribunal. The share of the fourth respondent / minor claimant is ordered to

be deposited in any one of the Nationalized Bank interest bearing fixed deposit and the first respondent - mother of the minor claimant, is permitted to withdraw the interest accrued in every six months. The Branch Manager, Oriental Insurance Company Limited, Thanjavur.

Counsel for the Appellant 1.S.Rajeswari 2.Minor.S.Ridhi Keethi 3.Minor.S.Harshini 4.Minor.S.Jeevithan Minors 2 to 4 respondents rep.

By their mother and guardian of first respondent - Rajeswari) 5.Nallammal 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 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. The Motor Accident Claims Tribunal- Additional District Judge, Karur

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.

PA: L.Sabarimala