ITEM NO.16 LOK ADALAT NO.1 SECTION XIA
SUPREME COURT L O K ADALAT
CIVIL APPEAL NO.2841 OF 2009 @
Petition(s) for Special Leave to Appeal (Civil) No(s).2270/2008
(From the judgement and order dated 09/01/2007 in MFA No.676/2002(D) of The HIGH COURT
OF KERALA AT ERNAKULAM)
POORNIMA (MINOR) Appellant(s)
VERSUS
C.C.MADHOSOODHANAN & ORS. Respondent(s)
(With appln.(s) for c/delay in filing SLP and with prayer for interim relief and office report )
Date: 25/04/2009 This appeal was taken up today for settlement.
CORAM :
HON'BLE Dr. JUSTICE ARIJIT PASAYAT
HON'BLE MR. JUSTICE P. SATHASIVAM
For Appellant(s)
Mr.Hari Kumar G., Adv.
for Mr.A.Venayagam Balan, Adv.
For Respondent(s)
Mr.Yashpal Dhingra, Adv.
Mr. A.K.De,Adv.
This matter was taken up at the Supreme Court Lok Adalat with the consent and
agreement through their counsel. The following order/award is passed :-
Delay condoned.
Leave granted.
The appellant, who was aged about 3 years and 10 months at the time of the accident on
26.03.1995, received serious injuries. A claim petition was filed. The M.A.C.T., Thrissur awarded a
compensation of Rs.73,000/-. An appeal was preferred by the
appellant before the Kerala High Court, which enhanced the amount by Rs.3,16,250/-. The appellant
is in appeal before this Court.
Having heard learned counsel for the parties, we direct that, in full and final settlement
of the claim of the claimant, a sum of Rs.9.5 lacs (Rupees nine lacs fifty thousand only) be paid. It is
stated that certain amounts have been deposited, pursuant to the orders passed by the M.A.C.T. and the
High Court. After adjustment of the amounts already deposited, the balance amount shall be paid
within a period of four weeks. It is prayed by learned counsel for the appellant and, in our opinion,
very fairly, the awarded amount can be kept in a fixed deposit in a nationalized bank. Out of the sum
of Rs.9.5 lacs, let an amount of Rs.7 lacs be kept in a fixed deposit with the mother of the appellant as
the guardian.
The appeal is disposed of accordingly.
(P.Sathasivam)
(Dr.Arijit Pasayat)