BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE V.BHASKARAN NAMBIAR (RETD.JUDGE, HIGH COURT OF KERALA) & SRI K.J.THOMAS STANLEY(RETD.DISTRICT JUDGE) MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 MACA.No. 1219 of 2006() ----------------------- OPMV.769/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS: ------------------------------ 1. MARIYUMMA, AGED 48 YEARS, W/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 2. ABDUL AZEEZ, AGED 30 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 3. MOIDEENKUTTY, AGED 29 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 4. SAJITHA, AGED 27 YEARS, W/O. ABDUL SALAM, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 5. HASEENA, AGED 25 YEARS, W/O. MAJEED, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 6. RUBEENA, AGED 23 YEARS, D/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 7. ABDUL SAMEER, AGED 21 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 8. MANSOOR, AGED 19 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. M.A.C.A.No.1219/2006 2 9. ABDUL MUNEER, AGED 16 YEARS, S/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. 10. SARAFUNEESA, AGED 14 YEARS, D/O. LATE MUHAMMEDKUTTY, RESIDING AT KARAKKODAN HOUSE, PULPETTA POST, MALAPPURAM DISTRICT. (FOR APPELLANTS 9 & 10 REP. BY THEIR MOTHER AND GUARDIAN 1ST APPELLANT). BY MR.K.M.SATHYANATHA MENON,ADVOCATE RESPONDENTS/(RESPONDENTS): ------------------------------------ 1. MUHAMMED ISAK, S/O. MUHAMMED HAJI, THAZHATHUVEETTIL HOUSE, PALAMKUNNUMMAL, VALLUVAMBRAM P.O., ATHANIKKAL. (DRIVER). 2. ABDUL NAZER, CHITHRAMPADAM HOUSE, THRIPPANACHI POST, MANJERI, MALAPPURAM DISTRICT(OWNER) 3. M/S. ORIENTAL INSURANCE CO. LTD., JASEELA COMPLEX, NILAMBUR ROAD, MANJERI. BY MR.A.R.GEORGE, ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 13/07/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: JUSTICE V.BHASKARAN NAMBIAR (RETD.JUDGE, HIGH COURT OF KERALA) & SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ============================= M.A.C.A.No.1219 of 2006 ============================= Dated this the 13th day of July, 2009 AWARD 7th appellant and counsel are present. Representatives of the 3rd respondent-Insurance Company and counsel are also present. After discussion, Insurance Company has offered to pay an additional compensation of Rs.1,00,000/-(Rupees one lakh only) over and above what has been awarded by the court below, which is acceptable to the appellants. Accordingly, Insurance Company shall deposit an additional compensation of Rs.1,00,000/-(Rupees one lakh only) before the Motor Accidents Claims Tribunal, Manjeri, for payment to the appellants, within 60 days from the date of the Award. Non-payment of the amount within the stipulated period will attract interest at the rate of 9% per annum. The M.A.C.A. is disposed of as settled between the parties. V.BHASKARAN NAMBIAR (RETD.JUDGE, HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) dvs