BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE V.BHASKARAN NAMBIAR (RETD.JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE, HIGH COURT OF KERALA) THURSDAY, THE 26TH JULY 2007 / 4TH SRAVANA 1929 MFA.No. 671 of 2003(A) --------------------- WCC.220/2001 of W.C.C.,THRISSUR .................... APPELLANT/2ND OPPOSITE PARTY ----------------------------- NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, THRISSUR, REP.BY ASST.ADMINISTRATIVE OFFICER, REGIONAL OFFICE, KANDOMKULATHY TOWERS, M.G.ROAD, ERNAKULAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL RESPONDENTS/APPLICANT & 1ST OPPOSITE PARTY ------------------------------------------- 1. SUMESH S/O. DHARMAN, VANNERY HOUSE, P.O.VADAKKUMURY, PERINGOTTUKARA, THRISSUR DISTRICT. 2. K.K.UNNIMON, S/O. KUNJAYAPPANKUTTY, KOLAMTHARAVEETTIL HOUSE, P.O.VADAKKUMURY, THRISSUR. BY ADV. SRI.V.M.BABY (FOR R1) SRI.ALEXY AUGUSTINE THIS MISC. FIRST 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: MFA NO.671/2003/A -2- ORDER ON I.A. NO.2556 OF 2003 IN M.F.A. NO.671 OF 2003 CLOSED. SD/- V.BHASKARAN NAMBIAR (RETD. JUDGE) SD/- M.R.HARIHARAN NAIR 26.7.2007. (RETD. JUDGE) /TRUE COPY/ P.A. TO JUDGE JP JUSTICE V.BHASKARAN NAMBIAR (RETD. JUDGE, HIGH COURT OF KERALA) & JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA) M.F.A. No.671 of 2003 --------------------------- Dated this the 26th day of July, 2007 AWARD The 1st respondent will be entitled to get compensation of Rs.1.25 Lakhs with interest at the rate of 12% per annum upto the date of deposit namely 17.10.2003 which will be in the place of the amount awarded by Workmens Compensation Commissioner. Since the entire amount due on the order under appeal has been deposited by the appellant before the Workmens Compensation Commissioner, the balance after deducting the aforesaid amount due to the respondent will be refunded to the appellant by the Workmens Compensation Commissioner. Appeal is disposed of as above. V.BHASKARAN NAMB IAR (RETD. JUDGE, HIGH COURT OF KERALA) M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA) jp