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2002 DIGILAW 746 (MAD)

Selvi. Regina Immaculate v. State & Another

2002-08-05

M.KARPAGAVINAYAGAM

body2002
Judgment :- It is stated in the affidavit filed today by the Arul Doss/Second Respondent-Accused that as per the orders of this Court dated 5.11.2001, wherein he was directed to pay a sum of Rs.35,000/- as compensation to the petitioner, he paid so far Rs.23,000/- in four instalments as follows: Date - Rupees 18.12.2001 - 10,000/- 26.3.2002 - 4,500/- 24.6.2002 - 4,000/- 18.7.2002 - 4,500/-. 2. It is also mentioned in the affidavit, that he was suffering from stomach ache since he consumed some pesticides and he was hospitalised. He is getting Rs.3000/- as salary and it is difficult to look after his wife and two children, out of his income. It is further mentioned in his affidavit as well as in the earlier affidavit that the second respondent-accused has realised his mistake fully and also stated that he has prostrated before the victim Selvi.Regina Immagulate, the petitioner herein. 3. In the light of the above circumstances, the second respondent Arul Doss, requested this Court to suitably modify the direction of this Court, dated 5.11.2001 by which he was directed to pay the amount of Rs.35,000/- as compensation to the victim/petitioner, as he has already paid Rs.23,000/- as compensation. 4. Mr.C.R.Malarvannan, the learned counsel for the second respondent, would request this Court to reduce the compensation amount of Rs.35,000/- to Rs.25,000/- as the second respondent is not in a position to pay the amount as per the direction of this Court dated 5.11.2001, due to the circumstances as stated above. He would further request that as the second respondent has already paid Rs.23,000/-, he may be directed to pay a balance sum of Rs.2000/- with some time to pay the same. I heard the counsel for the other side. 5. In view of the request made by the second respondent-accused, who is present with his wife, as well as his counsel, I am of the view that the order passed by this Court on 5.11.2001 can be suitably modified. 6. Accordingly, the order dated 5.11.2001 is modified to the effect that, the second respondent-accused shall pay a sum of Rs.25,000/- instead of Rs.35,000/-. Since the second respondent-accused has already paid a sum of Rs.23,000/- to the victim/petitioner, he shall pay a balance of Rs.2000/- through a demand draft to the petitioner, viz., Selvi. Regina Immagulate within ten days from today. 7. Post the matter on 19.8.2002, for reporting compliance.