IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 26879 of 2008(Y) -------------------------- OPMV.699/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... PETITIONER: -------------- CHELLAPPAN S/O. KESAVAN, THUNDIL VEEDU (SURESH BHAVANAM) PALLICKAL EAST, THEKKEKKARA, KURATHIAD, MAVELIKKARA. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENTS: ----------------- 1. SIVANKUTTY, S/O. KANNAN, PUMATHARAYIL HOUSE, THAZHAKKARA VILLAGE, MAVELIKKARA. 2. MANAGING PARTNER, UDAYA DIAGNOSTIC CENTRE, NEAR GOVERNMENT HOSPITAL, THAZHAKKARA, MAVELIKKARA. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH N O.2, ENSIGN BUILDING, JOS JUNCTION M.G.ROAD, COCHIN - 682018. R1 & R2 BYADV. SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SMT.T.M.RESHMI R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26879 of 2008(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE AWARD DATED 18.02.2000 IN OP(MV) NO.699/1996 OF ADDL.MACT, MAVELIKKARA. EXT.P2 : TRUE COPY OF THE POST CARD DATED.11.02.2000. EXT.P3 : TRUE COPY OF LETTER DATED 21.03.2000 ISSUED BY THE ORIENTAL INSURANCE CO.LTD. EXT.P4 : TRUE COPY OF THE REVIEW PETITION FILED IN OP(MV) NO.699/1996 OF ADDL. MACT, MAVELIKKARA. EXT.P5 : TRUE COPY OF THEORDER DATED 14.09.2000 IN OP(MV) NO.699/1996 OF ADDL. MACT, MAVELIKKARA. EXT.P6 : TRUE COPY OF THE JUDGMENT DATED 15.07.2003 IN UNNUMBERED MFA. EXT.P7 : TRUE COPY OF THE LETTER DATED 29.12.2005 ISSUED FROM THE HIGH COURT OF KERALA. EXT.P8 : TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER BEFORE THE BAR COUNCIL OF KERALA IN C.P. No.32/07. EXT.P9 : TRUE COPY OF THE JUDGMENT DAED 31.07.2008 IN RP NO.792/08. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26879 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011 JUDGMENT Antony Dominic, J. The petitioner is an injured in a motor accident. Seeking compensation he filed O.P.(MV) No.699 of 1996 before the Additional MACT, Mavelikkara. Finally the matter was settled by Ext.P1 award rendered by the Lok Adalath. It is this award which is under challenge. 2. From the pleadings we notice that on an earlier occasion the petitioner has filed an appeal before this Court and by Ext.P6 order, the appeal was dismissed as not maintainable. Review sought was also unsuccessful. 3. However, it is noticed that the award was not signed by the petitioner which is a mandatory requirement of the Legal Services Authority Act and the Rules framed thereunder. This position has been upheld by this Court in Leela v. National Insurance Company Ltd. [2008(1) KLT 705]. This fact was not taken note of when the appeal filed by WP(C) No. 26879 of 2008 -:2:- the petitioner was considered and rejected by the order referred above. In view of these facts, we suggested to the parties to explore the possibility of settling the dispute. Accordingly, parties have expressed their willingness to settle the matter and left to us to decide the amount to be paid to the petitioner. 3. Having considered the matter and also taking note of the injuries suffered, we direct the respondent Insurance Company to pay an amount of `15,000/-(Rupees fifteen thousand only) to the petitioner in addition to the amount awarded by the Lok Adalath, which has already been received by the petitioner. It is agreed that the amount will be paid within one month from today and we direct that with such payment the entire claim of the petitioner will stand settled. The Writ Petition is disposed of as above. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb WP(C) No. 26879 of 2008 -:3:-