BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR, (RETD.JUDGE) & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 MACA.No. 387 of 2004() ---------------------- OPMV.2292/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER IN OP (MV): ------------------------------------------------- DHARMAPALAN, AGED 48 YEARS, S/O. KRISHNAN, MANASA, KIZHAKKUMCHARI THEKKEMURI, MADUVILA VILLAGE, VAIKOM TALUK, KOTTAYAM DIST. BY ADV. SRI.P.M.NATESAN SRI.P.K.MURALEEDHARAN RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. NARAYANAN NAIR, S/O. MADHAVAN NAIR, SARADHA VILLAGE, POTHY, THALAYOLAPARAMBU. 2. V.J.MURALIDHARAN, S/O. THANKAPPAN, VADAKKEDATHU HOUSE, VELLOOR, VAIKOM TALUK. 3. THE MANAGER, NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, 27/XVI MARKET, JUNCTION, THRIPUNITHURA. R3 BY ADV SRI.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT LOK ADALAT AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING ORDER IS PASSED IN TERMS OF SETTLEMENT: JUSTICE M.R.HARIHARAN NAIR (RETIRED JUDGE, HIGH COURT OF KERALA) AND JUSTICE KURIAN JOSEPH (JUDGE, HIGH COURT OF KERALA) ------------------------------------------------------------- M.A.C.A. NO: 387 OF 2004-G ------------------------------------------------------------- Dated this the 18th February, 2008. O R D E R Parties are represented by counsel. Heard both sides. 2. A request is made to correct a clerical error that crept into the award passed on 6.3.2007. The settlement agreed upon and signed by the counsel provides for interest for the substituted amount of Rs.25,000/- (Rupees twenty five thousand only) from the date of petition till date of deposit as mentioned in the last paragraph of the award of the Motor Accidents Claims Tribunal, Kottayam. It is now pointed out that interest at the rate of 9% per annum from the date of accident is therefore a clerical error, which deserves to be corrected. In the circumstances we direct that the third respondent should pay interest at the rate of 9% per annum on the enhanced amount of M.A.C.A. 387/04 -2- Rs.12,500/- (Rupees twelve thousand five hundred only) only from the date of petition till date of payment. JUSTICEM.R.HARIHARAN NAIR RETIRED JUDGE, HIGH COURT OF KERALA JUSTICE KURIAN JOSEPH JUDGE, HIGH COURT OF KERALA jj