IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 MACA.No. 1858 of 2007(B) ------------------------------- OPMV.270/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/4TH RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT -------------------------------- VARGHESE @ PAPPACHAN, S/O OUSEPH, MYLADIYIL HOUSE, EDAPPATTU PEEDIKA BHAGOM, MANAKADU KARA, MANAKADU VILLAGE. ADV. SRI.UNNIKRISHNAN.V.ALAPATT THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.2261 OF 2007 IN M.A.C.A. NO. 1858 OF 2007 DISMISSED 3/10/08 SD/- M.N. KRISHNAN, JUDGE. [ True Copy ] P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1858 OF 2007 = = = = = = = = = = = = = = = Dated this the 3rd day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)270/05. The original case was settled for a sum of Rs.6,000/- which was subsequently reviewed by the Tribunal and a revised award for Rs.19,500/- with 6% interest from the date of petition was passed. Really, how far a compromise award can be reviewed is a much debated question unless there is fraud writ large on the compromise. Here what I find from the reviewed order is that the Tribunal just allowed without giving any reason and further really there is no averments in the review petition regarding the mistake committed. But after going through the revised award now passed it can be seen that there was some mistake committed on the very inception in noting the length of injury and the Tribunal had the opportunity to see the thigh of the man and it is reported that it is almost 10 to 12 c.m. long. So taking note of the M.A.C.A. NO. 1858 OF 2007 -:2:- entire facts I suggest to the counsel appearing for both sides to settle the matter and in all genuine spirit and co-operation they accepted my suggestion and thereafter on discussion arrived at a figure of Rs.16,000/-. Therefore I dispose of the appeal thereby passing an award for an amount of Rs.16,000/- in favour of the claimant and the insurance company is permitted to pay the amount within a period of sixty days from the date of receipt of a copy of the judgment. If any amount is already paid or deposited that shall be given credit to. If the amount is not paid within the said period of 60 days, then the claimant will be entitled to an interest at the rate of 7% on the defaulted amount. I make it clear that this appeal is disposed of on account of the compromise agreed to between the parties as suggested by the Court and no law is laid down regarding the setting aside of a compromise award. M.N. KRISHNAN, JUDGE. ul/-