BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : BARRISTER SHRI. M.P. RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DIST. JUDGE ) THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 MACA.No. 1294 of 2005() ----------------------- OPMV.646/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- PRASANNA KUMAR, VALIYAMALIL HOUSE, EDAKKOLY KARA, CHAKKAMPUZHA P.O., KOTTAYAM. BY ADV. SRI.P.RAVINDRA BABU SRI.VARGHESE PREM RESPONDENTS /RESPONDENTS: ------------- 1. APPUKUTTAN PILLAI, ANIL BHAVAN, CHERAVALLY, KAYAMKULAM, ALAPPUZHA. 2. ANIL KUMAR, AYIROOR PADITTATHIL, KAIPPALLY, KARAYAMA MURIYIL, VENGOLA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA. 3. THE NEW INDIA ASSURANCE CO.LTD., KAYAMKULAM BRANCH, REPRESENTED BY ITS BRANCH MANAGER. R3 BY ADV SRI.A.A.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: BARRISTER SHRI. M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- M.A.C.A.NO: 1294 OF 2005-C ------------------------------------------------------------- Dated this the 7th February, 2008. A W A R D On the previous occasion the appellant was directed to produce a disability certificate showing his present medical condition obtained from a competent medical board. Today when this matter came up before us the appellant produced a disability certificate from the medical board attached to the Medical College Hospital, Kottayam. It is seen that the medical board has assessed the disability at 19%. The award passed by the Motor Accidents Claims Tribunal took into consideration disability of 7% and awarded Rs.25,200/- as compensation. Now that the disability has been assessed at 19% the third respondent-Insurance Company rightly conceded that the appellant is entitled to a further amount of Rs.50,000/- (Rupees fifty thousand only). The appellant has agreed to accept this amount in settlement of his claim. -2- 2. Accordingly we direct the third respondent-Insurance Company to pay a sum of Rs.50,000/- (Rupees fifty thousand only) in addition to the amount already awarded by the Tribunal, in full settlement of his claim. This amount will be paid within two months from the date of receipt of a copy of the award and in default, will carry interest at the rate of 9% per annum. 3. The original certificate which was produced before us by the appellant had been handed over to the third respondent for their records keeping a copy in the file. The appeal is settled as above. BARRISTER SHRI. M.P.RAMACHANDRAN NAIR SENIOR ADVOCATE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj