Madras High Court
M.Sundari vs P.Viswanathan on 20 January, 2021
C.R.P(MD)No.720 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2021
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
C.R.P(MD)No.720 of 2020
1. M.Sundari
2. Minor M.Dhurga
3. Minor M.Karthi
[Minor Respondents 2 and 3 are
represented through their mother
first petitioner/guardian]
4. Angumanickam
... Petitioners / Appellants
Vs.
1. P.Viswanathan
2. The Divisional Manager,
M/s. National Insurance Company Limited,
Door No.3, North Veli Street,
Madurai. .... Respondents/ Respondents
Prayer: Civil Revision Petition filed under Article 227 of Constitution
of India, to call for records and modify the impugned award dated
08.02.2020 passed in the National Lok Adalat Award in the Lok Adalat
organised by High Court Legal Services Committee, Madurai in the Civil
Miscellaneous Appeal in C.M.A(MD)/SR.No.14158 of 2018 on the file
of Hon'ble Madurai Bench of Madras High Court and hold that the
petitioners/claimants are entitled to the compensation amount of Rs.
http://www.judis.nic.in
1/6
C.R.P(MD)No.720 of 2020
11,25,000/- in the same proportion as held by the Motor Accident Claims
Tribunal, Ramanthapuram (Principal District Court, Ramanathapuram) in
M.C.O.P.No.94 of 2014.
For Petitioners : Mr.J.Barathan
for M/s.T.R.Jeyapalam
For Respondent : Mr.D.Sivaraman for R2
ORDER
This Civil Revision Petition has been filed to call for records and
modify the impugned award dated 08.02.2020, passed in the National
Lok Adalat, High Court Legal Services Committee, Madurai in the Civil
Miscellaneous Appeal in C.M.A(MD)/SR.No.14158 of 2018 and hold
that the petitioners/claimants are entitled to the compensation amount of
Rs.11,25,000/- in the same proportion as held by the Motor Accident
Claims Tribunal, Ramanthapuram (Principal District Court,
Ramanathapuram) in M.C.O.P.No.94 of 2014.
2. Today, when the matter is taken up for hearing, a joint
compromise memo dated 06.10.2020 has been filed by the parties, by
which, they came to an amicable settlement as follows:-
http://www.judis.nic.in
C.R.P(MD)No.720 of 2020
"a) The revision petitioners filed a claim petition in
M.C.O.P.No.94 of 2014, on the file of the Motor Accident Claims
Tribunal, Ramanathapuram (Principal District Court,
Ramanathapuram) against the respondents for the death of the
husband of the first petitioner, father of petitioners 2 and 3 and the
son of the fourth petitioner, namely, Mathiyalagan.
b) The Tribunal passed the judgment and decree dated
12.05.2017, granting a compensation of Rs.8,48,250/- with interest
at the rate of 7.5% from the date of institution of the claim petition
till the date of deposit of the compensation. The Tribunal granted a
sum of Rs.2,48,250/- to the first petitioner; a sum of Rs.2,50,000/- to
the petitioners 2 and 3 each, and a sum of Rs.1,00,000/- to the
fourth petitioner with interest and proportionate costs.
c) The second respondent filed a Civil Miscellaneous Appeal
in C.M.A(MD) SR No.14158 of 2018 along with an application to
condone delay in C.M.P(MD).No.9449 of 2019. The parties entered
into a settlement in the National Lok Adalat organised by the High
Court Legal Services Committee, Madurai and a National Lok
Adalat Award was passed on 08.02.2020. The petitioners agreed to
receive a sum of Rs.11,25,000/- in full quit including interest and
costs. While drafting the award, it had been mistakenly mentioned
that the claimants are entitled to the amount in equal proportion.
d) Now, the petitioners had filed the civil revision petition in
C.R.P(MD).No.720 of 2020 before this Hon'ble Court to modify the
impugned award dated 08.02.2020 passed in the National Lok
Adalat Award in the Lok Adalat organized by High Court Legal
http://www.judis.nic.in
C.R.P(MD)No.720 of 2020
Services Committee, Madurai, in the Civil Miscellaneous Appeal in
C.M.A(MD) SR No.14158 of 2018, on the file of Hon'ble Madurai
Bench of Madras High Court and hold that the
petitioners/claimants are entitled to the compensation amount of Rs.
11,25,000/- in the same proportion as held by the Motor Accident
Claims Tribunal, Ramanthapuram (Principal District Court,
Ramanathapuram) in M.C.O.P.No.94 of 2014.
e) The petitioners/claimants and the second
respondent/insurer hereby agree that the award dated 08.02.2020
may be modified and that it may be held that the
petitioners/claimants are entitled to the compensation amount fixed
by the Tribunal. The petitioners/claimants and the second
respondent/insurer hereby agree that the first petitioner is entitled
to Rs.3,29,244/-, the second petitioner is entitled to Rs.3,31,565/-,
the third petitioner is entitled to Rs.3,31,565/- and the fourth
petitioner is entitled to Rs.1,32,626/-."
3. The above compromise memo is filed before this Court and
placed on record. The respective counsels have also present before this
Court today (20.01.2021) and represented that the matter has been settled
amicably between the parties. Learned Counsel for the second
respondent would state that he has no objection for the above
compromise.
http://www.judis.nic.in
C.R.P(MD)No.720 of 2020
4. In the result, this Civil Revision Petition is allowed in terms of
the joint compromise memo dated 06.10.2020. The joint compromise
memo shall form part and parcel of this order. No costs.
20.01.2021
Index : Yes/No
Internet : Yes/No
pkn
Note: In view of the present lock down
owing to COVID-19 pandemic, a web copy
of the order may be utilized for official
purposes, but, ensuring that the copy of the
order that is presented is the correct copy,
shall be the responsibility of the
advocate/litigant concerned.
To
1. High Court Legal Services Committee, Madurai
2. The Motor Accident Claims Tribunal (Principal District Court),
Ramanathapuram
3.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in
C.R.P(MD)No.720 of 2020
J.NISHA BANU,J.
pkn
C.R.P(MD)No.720 of 2020
20.01.2021
http://www.judis.nic.in
