Anjalai Vs Thirumavalavan

Appeal against the Judgment and decree dated 01.08.2025 passed in M.C.O.P.No.1257 of 2020 on the file of the Motor Accidents Claims Tribunal / Special District Court II, Cuddalore.

¶17

1.Anjalai 2.Bhuvaneshwari 3.Rajalakshmi 4.Kamaraj 5.Minor Nithyasri 6.Minor Sathiyasri 7.Minor Karthik 8.Minor Vanisri (Petitioners 5 to 8 are represented by their Mother rd and Guardian, 3 Petitioner Rajalakshmi herein)

¶18

...Appellants

¶19

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

2

Vs.

1.Thirumavalavan

2.The Branch Manager, Oriental Insurance Co. Ltd., Opp. Cuddalore N.T. Police Station, Bharathi Road, Cuddalore – 607 001.

¶24

...Respondents

¶25

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. M/s.Ramya Rao, learned counsel for nd appellants and Mr.D.Bhaskar, learned counsel for the 2 respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

¶26

TERMS OF SETTLEMENT

¶27

The appellants are on appeal, challenging the award of Rs.4,49,200/- (Rupees Four Lakhs Forty Fine Thousand Two Hundred only) passed by the learned Motor Accidents Claims Tribunal / Special District Court II, Cuddalore, in M.C.O.P.No.1257 of 2020 dated 01.08.2025.

¶28

st 2.The 1 appellant/wife of the deceased Purushothaman has passed away pending the CMA on 12.10.2025. The legal representatives of the st 1 appellant are already on record as appellants 2 to 8. Hence, the death st of the 1 appellant Anjalai is recorded.

¶29

away pending the CMA on 12.10.2025. The legal representatives of the

¶30

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

¶31

3

¶32

nd 3.The appellants and the Insurance Company/2 respondent in the

¶33

CMA had discussions regarding the amicable settlement and arrived at a sum of Rs.4,00,000/- (Rupees Four Lakhs only) over and above the amount awarded by the Tribunal, in full quits.

¶34

nd 4.The 2 respondent/Insurance Company is directed to deposit the above award amount of Rs.4,00,000/- (Rupees Four Lakhs Only) with interest as indicated above, along with the Tribunal award, within a period of six weeks from the date of receipt of a copy of this award.

¶35

5.On such deposit, the claimants are permitted to withdraw the

¶36

nd amount without filing any formal petition. The respondents 2 respondent is entitled to receive Rs.2,00,000/- (Rupees Two Lakhs only) and the remaining amount of Rs.2,00,000/- (Rupees Two Lakhs only) to be shared by the appellants 3 to 8. Award is passed accordingly. As

¶37

nd regards the award amount, together with interest accrued, the 2 respondent shall be entitled to 50% and the remaining 50% shall be distributed between the respondents 3 to 6.

¶38

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

¶39

4

¶40

6.The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any. 1.Anjalai 2.Bhuvaneshwari 3.Rajalakshmi 4.Kamaraj Counsel for the Appellants st 1.Thirumavalavan Counsel for the 1 respondent 2.The Branch Manager, Oriental Insurance Co. Ltd., Opp. Cuddalore N.T. Police Station, Bharathi Road, Cuddalore – 607 001.

¶41

nd Counsel for the 2 respondent

¶42

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

¶43

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

¶44

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

¶45

5

¶46

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.