Bhogavarapu Suseela @ Cheni Suseela v. Cheni Lakshamma
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Judgment
Cause title
Counsel for the Petitioner:
Sri P.N.Jaganmohan Rao Counsel for respondents: The Court made the following
ORDER:
THE HON'BLE SRI JUSTICE V.ESWARAIAH And THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.21639 of 2012
O R D E R: (Per Hon’ble Sri Justice V.Eswaraiah) The petitioner seeks to set aside the award dated 31-12-2004 of the Lok Adalat, Vijayawada passed under Section 21 of the Legal Services Authorities Act, 1987 by the VII Additional District Judge, Vijayawada in O.S.No.40 of 2001. For convenience sake, we shall refer to the parties as arrayed in the writ petition. The 1st respondent, who is the mother-in-law of the petitioner filed O.S.No.40 of 2001 on the file of the VII Additional District Judge, Vijayawada to declare that she being the mother of the deceased Cheni Venkateswarlu is the only legal heir and is entitled to all the death benefits of the deceased from the official respondents. In the said suit it is contended by the 1st respondent that her son Cheni Venkateswarlu nominated the petitioner as the nominee in the service register. It is stated that the petitioner has already married another person having two children and that she deceived and trapped her son and by having illicit relation with him entered as a nominee in the service record.
It is further stated that the petitioner having colluded with the official respondents obtained the order for release of death benefits in her favour, and therefore, the said order releasing the death benefits in favour of the petitioner is illegal and unsustainable. The matter was referred to the Lok Adalat, Vijayawada on the representation made by the petitioner. Before the Lok Adalat, both the parties the plaintiff/1st respondent and 4th defendant/petitioner respectively have compromised the matter after negotiations, conciliations and discussions and in terms thereof the award dated 31-12-2004 was passed under Section 21 of the Legal Services Authorities Act, 1987. As per the award, the 1st respondent has given her no-objection for receiving pension by the petitioner as a nominee of the deceased 1-1-2005 onwards and death benefits of Rs.25,000/-, and the petitioner has withdrawn her nomination and has given no-objection for receipt of death benefits of Rs.4,84,652/- by the 1st respondent with interest accrued thereon and the stationary kept in the shelf belonging to the deceased from the office of the official respondents.
It is clear from the award that the petitioner alone during her life-time is entitled to receive the entire pension from the date of death apart from Rs.25,000/- towards death benefits, and the 1st respondent is entitled to receive death benefits of Rs.4,84,652/- and the stationary kept in the shelf belonging to the deceased from the office of the official respondents. Thus, we do not see any ambiguity in the said award 31-12-2004 of the Lok Adalat, Vijayawada passed by the VII Additional District Judge, Vijayawada in O.S.No.40 of 2001. The writ petition is accordingly dismissed. No costs. V. ESWARAIAH,J _________________ Dt:06-08-2012 __________________ NOUSHAD ALI,J THE HON'BLE SRI JUSTICE V.ESWARAIAH And THE HON’BLE SRI JUSTICE NOUSHAD ALI (The order of the Bench pronounced by Hon’ble Sri Justice V.Eswaraiah) W.P.No.21639 of 2012 DT.06-08-2012
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