HIGH COURT LEGAL SERVICES COMMITTEE, 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 of Legal Services Authorities Act, 1987)

Presided Over by The Honourable Mr Justice R.VIJAYAKUMAR and Members Mr.G.P.Elango, District Judge(Retired) , Mr.R.Venkatesan Advocate CMA.SR(MD) No.48409 of 2025 and CMP.SR(MD).No.48419 of 2025 (Appeal against the Judgment and Decree passed on 19.12.2024 in MCOP.No.129 of 2020 on the file of the Motor Accident Claims Tribunal -cum- Additional District Judge, Palani)

The Branch Manager, M/s.Shriram General Insurance Company Limited, Having Office at E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur.

...Appellant/s Versus

1. Minor.K.Subanesha, D/o.Late.Karuppasamy, Rep., by her Grandmother K.Duraiyathal.

2. K.Duraiyathal W/o.P.Kottaiyappa @ Kottaiyappan

3. P.Kottaiyappa @ Kottaiyappan

4.B.Pandiyammal W/o.P.Balasubramaniyan ...Respondent/s This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s M/s.N.Shyllappa Kalyan and the counsel for the respondent/s 1 to 3, Mr.K.M.Karunakaran 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 appeal has been filed by the Insurance Company challenging the Award passed by the Motor Accident Claims Tribunal -cum-Additional District Judge, Palani in M.C.O.P.No.129 of 2020, wherein the Tribunal has awarded a sum of Rs.14,40,000/- as compensation along with the interest at

7.5%.

2. Before numbering of the appeal, the parties have agreed as follows:-

a)The total award amount is modified from Rs.14,40,000/- (Rupees Fourteen Lakhs and Forty Thousand Only) (excluding statutory deposit) to Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousand Only);

b)The 1^st claimant namely minor K.Subanesha shall be entitled to Rs.4,00,000/- (Rupees Four Lakhs Only);

c)The 2^nd claimant namely K.Duraiyathal shall be entitled to Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand Only);

d)The 3^rd claimant namely P.Kottaiyappa @ Kottaiyappan shall be entitled to Rs.1,25,000/-

(Rupees One Lakh and Twenty Five Thousand Only);

e)The Insurance Company shall deposit the amount within a period of eight (8) weeks from the date of receipt of a copy of this order;

f)On such deposit, the claimants 2 and 3/respondents 2 and 3 shall be entitled to withdraw their respective shares without filing any petition before the Tribunal. The share of the 1^st respondent/1^st claimant shall be deposited before a nationalized bank till she attains the age of majority. The interest shall be withdrawn by her grandmother/natural guardian namely K.Duraiyathal.

3.In the result, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petition is closed.

The Branch Manager, M/s.Shriram General Insurance Company Limited, Having Office at E-8, EPIP, RIICO Industrial Area, Sitapura, Jaipur.

Counsel for the Appellant/s

1. Minor.K.Subanesha, D/o.Late.Karuppasamy, Rep., by her Grandmother K.Duraiyathal.

2. K.Duraiyathal W/o.P.Kottaiyappa @ Kottaiyappan

3. P.Kottaiyappa @ Kottaiyappan W/o.P.Balasubramaniyan.

4.B.Pandiyammal W/o.P.Balasubramaniyan 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 admittin