Vennila v. A.Batcha

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.SRIMATHY and Members P.MURUGAIAH, District Judge(Retired) , & MR.P.R.BALA SUBRAMANIAN, Advocate CMA(MD) No.1513 of 2024 (Appeal against the judgment and decree passed on 28/02/2019 in MCOP.7/2016 on the file of the Principal District court, Pudukkottai) 1.Vennila W/o.Neelakandan, South Street, Kuruvikarambai Post, Peravurani Taluk, Thanjavur District. 2.Minor Baarghavan 3.Minor Vikas [Minors are represented by their mother first appellant] ...Appellant/s

Versus

1.A.Batcha S/o. Abdul Khader, No.96, Naagalingam Pillai Street, Senjai (Nearby Mosque), Karaikudi Post, Karaikudi Taluk, Sivagangai District.

2.The Manager, New India Assurance Company Ltd., No.480, Sekkalai Road, Karaikudi Post, Karaikudi Taluk, Sivagangai District.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.S.Muthayan and the counsel for the respondent/s Mr.J.S.Murali 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 This Civil Miscellaneous Appeal is filed by the claimants seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Pudukkottai. 2.The case was filed seeking a sum of Rs.50 lakhs. The Tribunal awarded a sum of Rs.24,96,500/-. 3.The claimants filed this appeal on the ground that though the monthly income of the deceased was proved by oral and documentary evidence as Rs.28,000/-, the Tribunal has erroneously fixed the monthly income of deceased to a sum of Rs.20,000/-.

4.Since the income of the deceased was proved by adducing both oral and documentary evidence, the income of the deceased is fixed as Rs.28,000/-. 5.If the salary of the deceased is fixed as Rs.28,000/- the award would come around Rs.36,75,000/-. 6.It is submitted that the Insurance Company has already deposited the entire award amount ie., Rs. 24,96,500/- with interest. Further, the entire award amount was also withdrawn by the major claimant. 7.Now the parties have agreed for a settlement for a further sum of Rs,7,00,000/- (Rupees Seven Lakhs only) as full quit.

8.Accordingly, the Insurance Company is directed to pay the remaining sum of Rs.7,00,000/- (Rupees Seven Lakhs only) as full quit within a period of four weeks from today. The claimants are directed to withdraw the said amount as apportioned by the Tribunal. The share of the minor claimants shall be deposited in any one of the Nationalized Bank till the minors attain majority. The first appellant, being the mother of the minor claimants is entitled to withdraw the interest once in three months till the minors attain majority. The award of the Tribunal for pay and recovery is hereby confirmed. Vennila Minor Baarghavan Minor Vikas Counsel for the Appellant/s The Manager, New India Assurance Company Ltd., No.480, Sekkalai Road, Karaikudi Post, Karaikudi Taluk, Sivagangai District.

Counsel for the Respondent/s 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 placed 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 conditions and accordingly, the award is passed.

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

1. Principal District court, 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 TA/SN/TMG PA To The Hon'ble Judges