IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2578 of 2008() ----------------------------------- OPMV.286/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/RESPONDENT NO.2 ----------------------------------------------- V.A. DAMODHARAN NAIR, PUSHPA DIRIVING SCHOOL, THODUPUZHA. BY ADV. MR.RAJU JOSEPH RESPONDENTS/PETITIONER & RESPONDENTS 1 & 3 --------------------------------------------------------------------------- 1. MAHESH, S/O. MOHANAN, AGED 21 YEARS, ANANDHA BHAVAN, ARAKULAM VILLAGE, 12TH MILE BHAGOM, THODUPUZHA TALUK. 2. AJEESH, S/O.JOSE, MOOZHICHALIL, KOLANI. P.O, THODUPUZHA. 3. NATIONAL INSURANCE CO.LTD, REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, THODUPUZHA. R1 BY ADV. MR.P.VIJAYA BHANU, MR.THOMAS J.ANAKKALLUNKAL. R3 BY ADV. MR.M.A.GEORGE . THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2578 of 2008 ORDER ON I.A. NO.3074/2008 IN MACA NO.2578/2008 DISMISSED 06/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2578 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2009. J U D G M E N T When the matter came up for consideration, considering the peculiar facts and circumstances of the case this court requested all concerned to find out whether the matter can be compromised between the parties. After a fruitful talk it is agreed upon that the present appellant namely, Sri.V.A. Damodharan Nair is prepared to give a sum of Rs.10,000/- to the claimant Mahesh in full and final settlement of the claim. The learned counsel for the claimant has also agreed with the same. Therefore in the light of the agreement between the 2nd respondent in the O.P(MV) and the claimant the award passed by the Tribunal is set aside and a revised award is passed as follows. The claimant is awarded a consolidated compensation of Rs.10,000/- and he is permitted to withdraw the said amount of Rs.10,000/- from Rs.25,000/- which is lying in the Court deposit of the Thodupuzha Motor Accidents Claims M.A.C.A. 2578 OF 2008 -:2:- Tribunal and the balance amount of Rs.15,000/- be reimbursed to the 2nd respondent, Damodharan Nair also on appropriate application. MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-