Case: The New India Assurance Co. Ltd Vs. Smt. Uma V. Parthipan and Ors

1. Mentioned at 10.30 a.m. Not on Board. Taken on Board. Papers called for. 2. Since morning the department of the Court is still searching the papers of this matter. It is a very sad state of affairs. During the last National Lok Adalat, this matter was before the Court and could not get disposed of due to the physical absence of Respondent Nos. 2, 6 & 7. Today Respondent Nos. 1, 2, 6 and 7 are present before the Court. In so far as Respondent No.1 is concerned, she is appearing for herself and Respondent Nos. 3 to 5 (who are minors). 3. As stated above, the papers in the department are still not traceable. We are at the end of the day. Mr. Dange for the Insurance Company has now produced a copy of the First Appeal paperbook and submitted the same to the Court which is taken on record. Mr. More has also gone through the said copy in my presence and confirmed the same. 4. Consent Terms dated 11.12.2021 are tendered which have been executed by the Chief Manager, Ms. Lata Iyer on behalf of the Appellant Insurance Company and Respondent No.1 for self and on behalf of Respondent Nos. 3 to 5 who are minors, Respondent No.2, Respondent No.6 and Respondent No.7 and their Advocates respectively. Respondent Nos. 6 and 7 have put their L.H.T.I. i.e. left hand thumb impression in my presence in the Court. Similarly, Respondent Nos.1 and 2 have appended their signatures which are in Tamil in my presence. The Respondents appearing today and their signatures have been identified and verified by Advocate Mr. More who has also appeared for them even in the Trial Court. Hence, I accept the same. The consent terms and undertakings given in the said consent terms are accepted. However, certain directions are necessary and required to be passed in the facts and circumstances of the present case so as to ensure speedy justice to the Respondents. 5. Respondents who are the widow, children and parents of the deceased are beneficiaries of the Award / compensation. Their appearance in Court today itself brings tears in the eyes of Court. They are extremely poor. The Respondent No.1 lives in a hut with her children i.e. Respondent Nos. 2 to 5 on a footpath opposite G.T. Hospital. They are present before us. We have been informed that the Respondent Nos. 6 & 7 had arrived from their native village in Tamil Nadu yesterday for this case and are staying with the Respondent No.1 - daughter-in-law. The counsels appearing for the parties including my co-panelists today in the National Lok Adalat are ad idem that real justice is required to be done in the present case so as to ameliorate and redress the grievance and sufferings of the Respondents before us.

Decision:
1[ds]4. Consent Terms dated 11.12.2021 are tendered which have been executed by the Chief Manager, Ms. Lata Iyer on behalf of the Appellant Insurance Company and Respondent No.1 for self and on behalf of Respondent Nos. 3 to 5 who are minors, Respondent No.2, Respondent No.6 and Respondent No.7 and their Advocates respectively. Respondent Nos. 6 and 7 have put their L.H.T.I. i.e. left hand thumb impression in my presence in the Court. Similarly, Respondent Nos.1 and 2 have appended their signatures which are in Tamil in my presence. The Respondents appearing today and their signatures have been identified and verified by Advocate Mr. More who has also appeared for them even in the Trial Court. Hence, I accept the same. The consent terms and undertakings given in the said consent terms are accepted. However, certain directions are necessary and required to be passed in the facts and circumstances of the present case so as to ensure speedy justice to the Respondents.5. Respondents who are the widow, children and parents of the deceased are beneficiaries of the Award / compensation. Their appearance in Court today itself brings tears in the eyes of Court. They are extremely poor. The Respondent No.1 lives in a hut with her children i.e. Respondent Nos. 2 to 5 on a footpath opposite G.T. Hospital. They are present before us. We have been informed that the Respondent Nos. 6 & 7 had arrived from their native village in Tamil Nadu yesterday for this case and are staying with the Respondent No.1 - daughter-in-law. The counsels appearing for the parties including my co-panelists today in the National Lok Adalat are ad idem that real justice is required to be done in the present case so as to ameliorate and redress the grievance and sufferings of the Respondents before us.