Madras High Court
V.Gayathri vs V.Gowri on 23 December, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Sunday the 26th day of June 2022
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Honourable Mr.JUSTICE MOHAMMED SHAFFIQ
and
Members:
1.Mr.M.Sambasivam
2. Mrs.V.Nalini
C.M.A.No.1054 of 2022
(Appeal against the Judgment and decree in
M.C.O.P.No.3567 of 2018 dated 23.12.2021 on the file of the Motor Accidents
Claims Tribunal/1st Additional District and Sessions Judge, Cuddalore.
1. V.Gayathri, W/o.N.Vinothkumar
2. Minor V.Dharshika, D/o.N.Vinothkumar
(Minor represented by Natural Guardian Mother/1st Appellant herein)
3. Jaya, W/o.Natarajan
All petitioners are permanently residing at No.84, School Street, Thazhaguda,
Gundu Uppalavadi, Cuddalore Taluk. ...Appellants
Vs.
1. V.Gowri W/o. Venkatakrishnan
No.72, Ilango Nagar, Puducherry,
2. The Divisional Manager,
United India Insurance Co. Ltd.,
Third Party Service Hub,
Plot No.35,36,37, A.R.Plaza, 45 Feet Road, Balaji Nagar Extn,
Saram, Puducherry - 605011. .. Respondents
https://www.mhc.tn.gov.in/judis
With the consent of both the parties, this case is taken up for settlement before this
Lok Adalat. Both the parties are present. Mr.Mira Aurobindocumar, learned
counsel for appellants and Mr.D.Bhaskaran learned counsel for the second
respondent are present. The First respondent remained ex-parte before the
Tribunal. After mutual discussion, negotiation, mediation and conciliation
between both parties, they arrived at a compromise to settle the matter.
TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.17,26,640/- with interest at the
rate of 7.5% per annum from the date of petition till the date of deposit of the
award amount. Aggrieved by the said award, the appellant has preferred the
present appeal.
2. It is submitted by the learned counsel for the appellants that they
had circulated a letter for listing CMA No.1054 of 2022 before the National Lok
Adalat on 26.06.2022. Though, the same has not been listed, both the parties are
present and papers are also available and both the parties have also expressed their
intention to settle the matter, the case is taken up today.
3. After due deliberation and consultation, both the parties have
agreed to enhance the compensation by a sum of Rs.5,00,000/- (Rupees Five
Lakhs only) with interest at the rate of 7.5% per annum.
4. The second respondent/ Insurance Company is directed to deposit the
entire award amount of Rs.22,26,640/- (Rupees Twenty Two Lakhs Twenty Six
Thousand Six Hundred and Forty Only) with interest at the rate of 7.5% per
annum from the date of the petition till the date of deposit of the award amount,
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. On such deposit, the major
claimants 1 & 3 are permitted to withdraw the entire award amount, without filing
any formal petition. Award is modified accordingly.
https://www.mhc.tn.gov.in/judis
5. Accordingly, the Tribunal is directed to transfer the amount through
RTGS/NEFT to the parties on proper identification in accordance with the terms
of the award, without insisting on any formal petition. The Award is passed
accordingly.
The Civil Miscellaneous Appeal is disposed of accordingly. Consequently,
the connected MP, if any, is closed.
1. V.Gayathri, W/o.N.Vinothkumar
2. Minor V.Dharshika, D/o.N.Vinothkumar
(Minor represented by Natural Guardian
Mother/1st Appellant herein)
3. Jaya, W/o.Natarajan
All petitioners are permanently residing at
No.84, School Street, Thazhaguda,
Gundu Uppalavadi, Cuddalore Taluk.
Counsel for the Appellant
1. V.Gowri W/o. Venkatakrishnan
No.72, Ilango Nagar, Puducherry,
2. The Divisional Manager,
United India Insurance Co. Ltd.,
Third Party Sevice Hub,
Plot No.35,36,37, A.R.Plaza, 45 Feet Road,
Balaji Nagar Extn,
Saram, Puducherry - 605011.
Counsel for the Respondent
https://www.mhc.tn.gov.in/judis
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 Accidents Claims Tribunal/1 st Additional District and Sessions
Judge, 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
rgi
https://www.mhc.tn.gov.in/judis
MOHAMMED SHAFFIQ., J
rgi
C.M.A.No.1054 of 2022
26.06.2022
https://www.mhc.tn.gov.in/judis
