Ponchihtra Vs M.Lingeshram

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13^th day of September 2025

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LOK ADALAT AWARD

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(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

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Presided over by

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The Hon'ble Mr.JUSTICE G.ARUL MURUGAN

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and

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Members

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Mr. M.Pughazhendhi, District Judge (Retd.) Mr. K.Ethirajalu, Advocate

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C.M.A.No. 2198 of 2025

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&

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C.M.A.Sr.No.33903 of 2025

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(Appeal against the award and decree in M.A.C.T.O.P.No.3603 of 2020, dated 11.12.2024 on the file of the Motor Accidents claims Tribunal, Chief Judge, Court of Small Causes at Chennai.

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1.Ponchithra

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2.Dheekshika (Minor)

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3.Saimivika (Minor)

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(Minor appellants 2 and 3 are rep. by their

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guardian and next friend, Mother/1st appellant)

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4.Pappa

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5.Ramanathan .. Appellants in C.M.A.No.2198 of 2025

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& Respondents 1 to 4 in CMA.Sr.No.33903 of 2025

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Vs.

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1.M.Lingeshram

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... 1st respondent in CMA/2198/2025

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& 6th respondent in CMA.SR.NO.33903/2025

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2.Cholamandalam MS General Insurance Co. Ltd.,

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Arini Nivas Tower, II Floor,

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No.163, 3A, Thambu Chetty Street,

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Chennai - 600 001.

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.. 2nd Respondent in C.M.A.No.2198 of 2025

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& Appellant in CMA.Sr.No.33903 of 2025

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On representation of the counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.F.Terry Chella Raja, learned counsel for the appellants and R.Sree

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https://www.mhc.tn.gov.in/judis

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2

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Vidhya, learned counsel for the 2^nd respondent / Insurance Company are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT

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Aggrieved by the award made by the Tribunal, Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai, in MACTOP.NO.3603 of 2020 dated 11.12.2024 for death of one Sailapathy, who died in the accident, the claimants have preferred this appeal seeking enhancement. The Insurance Company has also preferred an appeal, which is at SR Stage. For the purpose of this order, the cause title as given in C.M.A.No.2198 of 2025 is taken to rank the parties.

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The 1st claimant is the wife, 2nd and 3rd claimants are the minor daughters, 4th claimant is the mother and the 5th claimant is the father of the deceased, who have filed MCOP.No.3603 of 2020 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai. This claim petition was disposed of by an award dated 11.12.2024, by which, a sum of Rs.1,39,64,000/- came to be awarded along with interest at the rate of 7.5% per annum as detailed in the award.

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3.The claimants had preferred an appeal seeking for enhancement of the award amount. Pending appeal, the 5th claimant/ father of the deceased died. Recording the same, a memo dated 13.09.2025 is filed along with the death certificate of the 5th claimant/appellant. The said memo is recorded.

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4.As against the said award, the Insurance Company has preferred a separate appeal in CMA.Sr.No.33903 of 2025. The appeal is yet to be numbered. However, the same is listed before this Lok Adalat.

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https://www.mhc.tn.gov.in/judis

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3

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5.The parties have arrived at a settlement. As per the settlement, the claimants / appellants will be entitled for a sum of Rs.1,75,00,000/(Rupees One Crore and Seventy Five Lakhs only) as full and final quit. The 1st and 4th respondents are present before this Court along with their counsel and the learned counsel for the Insurance Company is also present and confirmed the settlement.

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6.The parties have consented to a settlement for a sum of Rs.1,75,00,000/- (Rupees One Crore and Seventy Five Lakhs only) and also agreed for the following apportionment of the award amount:-

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i) The 1st appellant / wife of the deceased will be entitled for a sum of Rs.75,00,000/-.

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ii) The 2nd and 3rd respondents, who are the minor daughters of the deceased, will be entitled to Rs.45,00,000/- each.

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iii) Since the 5th appellant / father of the deceased died pending appeal, the 4th appellant / mother of the deceased will be entitled for a sum of Rs.10,00,000/-.

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The 2nd respondent / Insurance Company shall deposit the enhanced award amount in this appeal within a period of four weeks from the date of receipt of a copy of this order. The amount awarded towards the Minor Claimants viz., 2^nd and 3^rd claimants / appellants shall be deposited in a nationalised bank in a fixed deposit, till they attain majority. The other claimants viz., 1^st and 4^th claimants / appellants are permitted to withdraw their respective award amount, on filing necessary application for withdrawal. The Award is passed accordingly.

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https://www.mhc.tn.gov.in/judis

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4

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8.The Tribunal is directed to transfer the amount through RTGS/NEFT to to the parties concerned on proper identification in accordance with the terms of the award. Both the Civil Miscellaneous Appeals are disposed of accordingly.

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1.Ponchithra

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2.Dheekshika (Minor)

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3.Saimivika (Minor) (Minor appellants 2 and 3 are rep. by their guardian and next friend, Mother/1st appellant)

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4.Pappa

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5.Ramanathan

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.. Counsel for the Appellants

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Vs.

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Cholamandalam MS General Insurance Co. Ltd., Arini Nivas Tower, II Floor, No.163, 3A, Thambu Chetty Street, Chennai - 600 001.

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... Counsel for the 2nd Respondents

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This Lok Adalat award is passed in terms of the above settlement.

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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

https://www.mhc.tn.gov.in/judis

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5

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