IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C. HARI RANI WEDNESDAY, THE 19TH JANUARY 1910 / 29th POUSHA 1931 MACA.No. 1239 of 2006() ----------------------- OPMV.3291/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/ PETITIONER IN OP(MV) ---------------------------------------------- CLARIES PIOUS, W/O. PIOUS JOHN, AMCHUTHARA HOUSE, POOCHAKKAL P.O., CHERTHALA. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------- 1. APPUKUTTAN PILLAI, `JAYALEKSHMI', KUREEPUZHA, KOLLAM. *(DELETED) 2. R.NOWSHAD, KADAPPAKKADA MISSION COMPOUND, NEAR FIRE STATION, KOLLAM. 3. THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, COCHIN-35. 4. JOJI MATHEW, A.C.C. MOTORS, THRISSUR. * (DELETED) 5. ANANTHAKRISHNAN, MALIYEKKAPARAMBU HOUSE, NEAR MADAVAKKARA, KAPPELA, THRISSUR. 6. THE UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, HOSPITAL ROAD, COCHIN-11. ADV. SRI.P.V.JYOTHI PRASAD FOR R6 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R.3 * RESPONDENTS 1 AND 4 ARE DELETED FROM PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 30/11/09 IN I.A.NO.3535/09: THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON 19/01/1910 PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.A.C.A. No.1239 of 2006-A ------------------------------------------------- Dated this the 19th day of January, 2010 JUDGMENT Basant,J. The claimant is the appellant. She is aggrieved by the quantum of compensation awarded for the loss suffered by her as a result of the motor accident. Parties were referred to the Lok Adalath. The Lok Adalath by its order dated 18/1/10 has informed this Court that the parties have settled their disputes and respondents 3 and 6 have agreed to pay a further amount of Rs.83,000/- as compensation in addition to the amounts already awarded by the Tribunal. The Lok Adalath has not proceeded to pass any award; nor has any joint statement been filed by the appellant and respondents 3 and 6. 2. However, at the Bar, the learned counsel for the appellant and the learned counsel appearing for respondents 3 M.A.C.A. No.1239 of 2006 -: 2 :- and 6 submit and accept that it has been agreed to pay a further amount of Rs.83,000/- as compensation in addition to the amounts already awarded by the Tribunal. The award of the Tribunal directs payment of compensation equally by respondents 3 and 6 and the further amount of Rs.83,000/- is also agreed to be paid equally by respondents 3 and 6. 3. In these circumstances, this appeal is allowed in terms of the agreement between the parties arrived at before the Lok Adalath and respondents 3 and 6 are directed to pay a further amount of Rs.83,000/- as compensation equally to the appellant/ claimant. It is made clear that the said amount is to be paid without any interest within a period of one month from this date failing which interest at the rate of 7.5% per annum shall be payable from such date of default till payment. 4. Hand over a copy of this judgment to the learned counsel straightaway. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge