INDIRA Vs. KUPPU

JUDGEMENT

(1.) On the question of Maintainability of a Civil Revision Petition filed under Article 227 of the Constitution of India, challenging an Award passed by the Lok Adalat-I, by a retired Judge of this Court, the matter is placed before me, for consideration. Earlier, by circulation, the writ petition filed under Article 226 of the Constitution of India, has been returned by the Registry, stating that a writ petition would not lie and the petitioners have been asked to file a Civil Revision Petition. Now the Registry has raised objections to the maintainability of the Civil Revision Petition. In an accident, which occurred on 23.01.2003, a 36 year old, Patrolling Officer and Ex-Military Havildar, died. His wife, aged 32 years, minor daughter, aged 2 years, claimed compensation of Rs. 10,00,000/-. According to them, the deceased earned Rs. 7,450/-, at the time of accident. Ex. P8 - Degree Certificate issued by Madras University, Ex. P9 - Transfer Certificate issued by Madras University, Ex. P10 - Military Department Discharge and Recommendation Certificate, Ex. P11 -Military Training Certificate, Ex. P12 -Computer Literacy Cadre Certificate, Ex. P13 - Bank Pass Book and Ex. P14 -Salary Certificate were produced to support avocation. As per Ex. 14 - Salary Certificate, the deceased was paid Rs. 7,450/- as monthly salary. PW. 2, is the Personal Manager of M/s. Force I Security Services and he has deposed that the deceased was working as a Patrolling Supervisor from 28.07.2001 to 25.01.2003. As per the entry in Ex. P13 - Pass Book, the Tribunal has noticed a sum of Rs. 1,932/- had been received by the deceased as pension for his military services. Though Ex. P15 - Authorisation Letter has been given to the Personal Manager of M/s. Force I Security Services, to speak about the avocation and salary of the deceased, by observing that PW. 2, was not the direct signatory of Ex. P14- Salary Certificate and considering his testimony that he has no direct knowledge of the details of the said certificate and in the absence of production of Pay Register, the Claims Tribunal has fixed the monthly income at Rs. 3,000/- and after deducting 1/3rd towards the personal and living expenses of the deceased, computed the loss of contribution to the family, by applying '15' multiplier and quantified the same at Rs. 3,60,000/-. That apart, the Tribunal has awarded Rs. 18,000/- towards loss of consortium, Rs. 20,000/- towards medical expenses, Rs. 10,000/- towards loss of love and affection and Rs. 2,000/- for Funeral Expenses. Altogether, the Tribunal has awarded Rs. 4,10,000/- with interest at the rate of 7.5% per annum, from the date of petition, till the date of deposit. Out of which, a sum of Rs. 50,000/- has already been deposited under 'No Fault Liability'. Not satisfied with the quantum of compensation, C.M.A. No. 3342 of 2009, has been filed, for enhancement of compensation of Rs. 5,90,000/-.

(2.) Material on record shows that the Civil Miscellaneous Appeal has been referred to the High Court Legal Services Committee, Chennai and taken up for settlement on 30th November, 2010. Mrs. Manjubhar Kavi, learned counsel on record and Mr. Vadivel, representing National Insurance Company Ltd., Thirumangalam, Chennai, were present. The terms of the settlement are as follows:

(3.) Thus, according to the Insurance Company, they have agreed to enhance the award by a further sum of Rs. 40,000/- with interest at the rate of 7.5% per annum and that the same has been directed to be credited in M.C.O.P. No. 4157 of 2003 on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Court, Fast Track Court-V), Chennai. Apportionment has also been made, as between the claimants. The Lok Adalat award has been passed in terms of settlement, stated supra. Thereafter, the legal representatives have filed M.P. No. 1 of 2011 in C.M.A. No. 3342 of 2009, before the Lok Adalat-I, High Court Services Committee, contending inter alia, that by production of Ex. P7 - Medical Bills, expenses to the tune of Rs. 1,04,411/- has been proved, but the Claims Tribunal has awarded only Rs. 20,000/- under the said head.