BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Mat. Appeal.No. 574 of 2007() ---------------------------- OP.674/2005 of FAMILY COURT, ALAPPUZHA .................... APPELLANT/RESPONDENT: ---------------------------- SUVARNAKUMARY, PANDAVATHU VADAKKETHIL, PELA MURI, KANNAMANGALAM, MAVELIKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENT/PETITIONER: ----------------------- BHARGAVI AMMA, KATTUNILATHU HOUSE, NIRANAM WEST P.O., THALAVADY. BY ADV. SRI.R.AZAD BABU THIS MATRIMONIAL APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) AND SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) ----------------------------------------------- Mat. Appeal No.574 of 2007 ----------------------------------------------- Dated this the 30th day of May, 2008 AWARD Both appellant and respondent are present. Counsel for the appellant is also present. We have discussed the matter with the parties and they have come to a settlement. The main dispute of the mother is with regard to the insurance claim and also the accident claim arising out of accident of husband of Smt.Suvarnakumari and son of the respondent, Sri.Uthaman. Uthaman died in Muscat by a motor accident. Before death, Uthaman had taken a policy of LIC for Rs.2 lakhs in favour of Suvarnakumari. On account of his death, an amount of Rs.3,89,000/- was received by Smt.Suvarnakumari from the LIC in which undoubtedly the mother is also entitled to half share. Another claim of the mother is that towards the amount which is lying in Collectorate, received on account of the compensation and damages of the accidental death of Mat. Appeal No.574/2007 -2- Uthaman in Muscat. This amount of Rs.5,49,910/- is lying in Collectorate, Alappuzha. On these two accounts, the mother- Smt.Bargavi Amma is entitled to get Rs.4,68,455/- in aggregate and like amount is also entitled by the wife. Since the entire amount received from LIC has been utilised by the wife, only an amount of Rs.80,455/- is to be paid to the wife out of the deposit lying in the District Collectorate, Alappuzha. Since the wife has claimed compensation for the movable properties which is in the respondent's house, an amount of Rs.20,000/- is extra to be paid to the wife. Taking into consideration of these claims, it has been agreed that an amount of Rs.One Lakh is entitled by the wife Suvarnakumari and the balance amount is entitled by Smt.Bargavi Amma out of the deposit lying in District Collectorate, Alappuzha. If the deposit lying in the Collectorate accrued any interest the parties entitled to apportion the said interest equally. It was agreed by the parties that both parties will approach the Collector with this award and withdraw the money which is lying in Collectorate. The Collector is directed to disburse the amount by two separate cheques for the amount Mat. Appeal No.574/2007 -3- shown above. The movable properties which is kept in the custody of the respondent can be taken up by the appellant and her counsel. The Mat. Appeal is disposed of as settled. Sd/- JUSTICE T.K.CHANDRASEKHARA DAS (RETD. JUDGE, HIGH COURT OF KERALA) Sd/- SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) jp /True copy/ P.A. to Judge