1

ITEM NO.16                 LOK ADALAT NO.1               SECTION XIA

           S U P R E M E   C O U R T   L O K   A D A L A T

                    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

2

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)