BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT: SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.M.T.BALAN(RETD. DISTRICT JUDGE) TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 MACA.No. 1135 of 2007() ----------------------- OPMV.1711/2003 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANTS/PETITIONERS IN OP(MV): ------------------------------------------- 1. KHALID, AGED 69 YEARS, S/O. ASSAINAR, RESIDING AT ARUMADY HOUSE, ETTIKULAM POST, RAMANTHALLY VIA, KANNUR. 2. KHADEEJA, AGED 59 YEARS, W/O. KHALID, -DO- 3. RAHMATH, AGED 27 YEARS, W/O. ABOOBACKER, -DO- 4. HASNATH (MINOR), S/O. (LATE)ABOOBACKER, AGED 9 YEARS, REPRESENTED BY HIS MOTHER AND LEGAL GUARDIAN RAHMATH, W/O. ABOOBACKER, -DO- 5. RAFNA, (MINOR), S/O. LATE ABOOBACKER, AGED 4 YEARS, REPRESENTED BY HIS MOTHER AND LEGAL GUARDIAN RAHMATH, W/O. ABOOBACKER, -DO- BY MR.AVM.SALAHUDIN, ADVOCATE RESPONDENTS/ RESPONDENTS IN OP(MV): ----------------------------------------------- 1. NARAYANAN RAI, S/O. AITHAPPA RAI, AGE NOT KNOWN, RESIDING AT PERIA HOSAMANE COMPOUND, KANNUR POST, PADIL, MANGALORE, KARNATAKA-575 007. (OWNER AND DRIVER OF THE LORRY NO.KA-20/A-6399). 2. THE NATIONAL INSURANCE COMPANY LTD., RASIK CHAMBERS, OPPOSITE CENTRAL MARKET, MANGALORE. (INSURER OF THE LORRY NO.KA-20/A-6399). BY MR.JOE KALLIATH, ADVOCATE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 07/07/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: SRI.M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.M.T.BALAN (RETD. DISTRICT JUDGE) ================================= M.A.C.A.No.1135 of 2007 ================================= Dated this the 7th day of July, 2009 AWARD Appellants and counsel are present. Representatives of the second 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 Principal Motor Accidents Claims Tribunal, Kozhikode, 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. M.R.RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) M.T.BALAN (RETD. DISTRICT JUDGE) dvs