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MR.JAYAKUMAR @ BENNY, S/O. SRI.K.J.JOSE versus VARADARAJAN NAIR, SURABHI

High Court of Kerala

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MR.JAYAKUMAR @ BENNY, S/O. SRI.K.J.JOSE v. VARADARAJAN NAIR, SURABHI - MACA No. 585 of 2005 [2007] RD-KL 12184 (5 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 585 of 2005()

1. MR.JAYAKUMAR @ BENNY, S/O. SRI.K.J.JOSE,
... Petitioner

2. SMT.MUTHULAKSHMI

3. VEENA JAYAKUMAR D/O. SRI.JAYAKUMAR

Vs

1. VARADARAJAN NAIR, SURABHI,
... Respondent

2. NEW INDIA ASSURANCE CO.LTD.,

For Petitioner :SRI.T.K.RADHAKRISHNAN

For Respondent :SRI.ANIL S.RAJ

The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)

The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)

Dated :05/07/2007

O R D E R

JUSTICE M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF KERALA) &

JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF

KERALA) M.A.C.A. NO.585 OF 2005(G)

Dated this the 5th day of July, 2007

AWARD Counsel for the appellants present. 2nd respondent and counsel present. Parties have settled their dispute for an amount of Rs.1,40,000/- (Rupees One lakh and forty thousand only) with interest in the place of the amount awarded by the M.A.C.T. The amount, less the amount already deposited, will be deposited before the MACT for payment to the claimant within 60 days from the date of receipt of a copy of this award, failing which the amount will carry interest at the rate of 9% per annum from the date of default till payment. The Appeal is disposed of as above. M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF KERALA) M.R.HARIHARAN NAIR

(RETD. JUDGE, HIGH COURT OF KERALA)

jp

? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C) No. 17318 of 2007(J) #1. SHEELA FERNANDEZ,
... Petitioner

Vs

$1. THE TAHSILDAR, KOLLAM.
... Respondent

2. THE VILLAGE OFFICER,

3. THE DIRECTOR OF PRINTING,

4. SIMON STOCK FERNANDEZ,

5. ELIZABETH FERNANDEZ,

! For Petitioner :SRI.JOHNSON GOMEZ

For Respondent :SMT.T.S.MAYA (THIYADIL)

*Coram

The Hon'ble MR. Justice M.M.PAREED PILLAY(RETD.CHIEF JUSTICE)

The Hon'ble MR. Justice M.R.HARIHARAN NAIR (RETD.JUDGE)

% Dated :05/07/2007

: O R D E R

JUSTICE M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF KERALA) &

JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF

KERALA) W.P.(C) NO.17318 OF 2007

Dated this the 5th day of July, 2007

AWARD Petitioner present. Govt. Pleader present for R1 & R2. R3 present. R4 and R5 and counsel also present. The matter was discussed between the parties and it was agreed that if the amount due to the deceased- husband of the petitioner is Rs.10 Lakhs or less, 5% of the total amount will be given to the respondents 4 and 5 and the remaining 95% can be utilised by the petitioner for the educational expenses of the children and for maintenance of herself and her children.

2. If the amount due exceeds Rs.10 Lakhs the amount to be paid to respondents 4 and 5 by the petitioner shall be 10% of the total amount received from the Company towards Insurance dues and other terminal benefits. An award is passed accordingly.

3. It is directed that the amount due towards all these items will be ascertained by the Petitioner from the employer by addressing a letter addressed to the employer on the strength of this award and place the W.P.(C) NO.17318 OF 2007 -2- reply before the Adalath in its sitting on 10th September 2007. In case there is any default on the part of the petitioner to pay the aforesaid amount respondents 4 and 5 shall have the right to execute the award passed in the case and realise the dues from the petitioner and from her assets. The 1st respondent is directed to issue heirship certificate showing the name of petitioner and her children as the legal heirs of the deceased Simon Stock Fernandez Joseph Fernandez as per Section 33 of the Indian Succession Act. The details of the amount received will be placed before the Adalath in the sitting on 10th September 2007. The heirship Certificate shall be issued with utmost expedition. M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF KERALA) M.R.HARIHARAN NAIR

(RETD. JUDGE, HIGH COURT OF KERALA)

jp


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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