BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE T.K.CHANDRASEKHARA DAS(RETD. JUDGE) AND SHRI. K.J.THOMAS STANLEY (RETD. ADDL. DISTRICT JUDGE) TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 MACA.No. 1668 of 2006() ----------------------- O.P(MV) NO: 704/2003 of ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/PETITIONER: -------------------------------------- KUNHI MUHAMMED, S/O. SAITHALAVI, AGED 24 YEARS, VETTIKKATTIL HOUSE, KANAYAM P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.K.B.ARUNKUMAR RESPONDENTS: RESPONDENTS: ------------------------- 1. T. SREEDHARAN, S/O. KRISHNAN, AGED 53 YEARS, THATTARATHEDI HOUSE, K.K.COLONY, SHORANUR, OTTAPALAM TALUK, PALAKKAD DISTRICT. (DRIVER OF THE BUS BEARING REG.NO.KL-8U/5749). 2. P.B. AJAYKUMAR, AGED AND FATHER'S NAME NOT KNOWN, PUTHANPURAKKAL HOUSE, VELLAPPAYA P.O., TRICHUR DISTRICT, PIN-680 596. (OWNER OF THE BUS BEARING REG.NO.KL-8U/5749). 3. THE ORIENTAL INSURANCE COMPANY LTD., ASEELA COMPLEX, NILAMBUR ROAD, MANJERI, MALAPPURAM DISTRICT. (BUS BEARING NO.KL.80/8749 POLICY NO.42063/2003 VALID UPTO 13-05-2003). R1 BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) 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: JUSTICE T.K. CHANDRASEKHARA DAS (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- M.A.C.A. NO: 1668 OF 2006-D ------------------------------------------------------------- Dated this the 18 th March, 2008. A W A R D We have discussed the matter with both parties. It has been agreed that the appellant can get an additional amount of Rs.40,000/- in lump sum. It is also agreed that this amount will be paid by the third respondent-insurance company within sixty days from the date of receipt of a copy of this award, failing which the amount will carry interest at the rate of 9% per annum from the date of default till payment. The award of the Motor Accidents Claims Tribunal, Ottapalam is modified to the extent indicated above. On deposit of the amount by the third MACA 1668/06 -2- respondent the appellant is entitled to withdraw the same. Appeal is settled as above. JUSTICE T.K. CHANDRASEKHARA DAS RETIRED JUDGE, HIGH COURT OF KERALA SHRI. K.J.THOMAS STANLEY RETIRED ADDL. DISTRICT JUDGE jj