BEFORE THE LOK ADALAT ORGANISED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE) & BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MACA.No. 311 of 2005() ---------------------- OPMV.1253/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ------------------- BABY JOHN, S/O. JOHN, AGED 40 YEARS, VETTIKATTIL HOUSE, KAROOR KARA, MANEED VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS/RESPONDENTS: ---------------------- 1. BIJITH P.MARIAM, S/O. PAULOSE, MARIYIL HOUSE, KAROOR KARA, MANEED VILLAGE, MUVATTUPUZHA TALUK. 2. KERALA STATE INSURANCE DEPARTMENT, ERNAKULAM. 3. RAJAN, S/O. KELAPPAN, KADAMPARAMBIL HOUSE, VI/62, VELIYANAD KARA, EDAKKATTUVAYAL VILLAGE, KANAYANNOOR TALUK. 4. THE ORIENTAL INSURANCE CO. LTD. DIVISIONAL OFFICE, JOSE AVENUE JOSE JUNCTION, M.G.ROAD, ERNAKULAM. R1 BY ADV. SRI.BOBBY MATHEW KOOTHATTUKULAM R4 BY ADV. DR.ELIZABETH VARKEY GOVERNMENT PLEADER SMT.LAKSHMI RANI 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 P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) & BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) --------------------------- M.A.C.A.No.311 OF 2005 -------------------------- Dated this the 28th day of January, 2008 A W A R D Counsel for the appellant and 2nd respondent are present. Appellant claimed partial disability which was not allowed by the M.A.C.T., Muvattupuzha on the ground that there was no proof adduced by the petitioner. After discussion it was agreed that the appellant can be given an opportunity to adduce evidence to prove the disability. We therefore, remit back the matter to the Tribunal for affording an opportunity to the appellant to adduce evidence on the question of disability. If it is found that there is disability, consequential relief may be provided to the appellant. The appeal is settled as above. JUSTICE P.K.SHAMSUDDIN (RETIRED JUDGE, HIGH COURT OF KERALA) BARRISTER SRI.M.P.RAMACHANDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) ps