BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE K.JOHN MATHEW (RETD.JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) MONDAY, THE 23RD JULY 2007 / 1ST SRAVANA 1929 MACA.No. 36 of 2004(B) --------------------- OPMV.512/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/3RD RESPONDENT: ---------------------------------- THE ORIENTAL INSURANCE CO.LTD., PALAKKAD, REPRESENTED BY ITS ASST. MANAGER REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI - 18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANTS: ----------------------- 1. ABOOBACKER, S/O. SAIDALI, RESIDING AT ANIYAN CHIRAKKAL HOUSE, KADAVANAD AMSOM AND DESOM, P.O.KADAVANAD, PONANI TALUK, MALAPPURAM DIST. 2. KUNHIMOL, W/O. ABOOBACKER, RESIDING IN ANIYANCHIRAKKAL HOUSE, KADAVANAD AMSOM AND DESOM, PONANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR (FOR R1 & R2) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALATH AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF THE SETTLEMENT: MACA NO.36/2004/B -2- ORDER ON I.A. NO.3522 OF 2005 IN MACA NO.36 OF 2004 CLOSED IN VIEW OF SETTLEMENT AT THE ADALATH. SD/- K.JOHN MATHEW (RETD. JUDGE) SD/- P.K.SHAMSUDDIN 23.7.07. (RETD. JUDGE) /TRUE COPY/ P.A. TO JUDGE JP JUSTICE K.JOHN MATHEW (RETD. JUDGE, HIGH COURT OF KERALA) & JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) M.A.C.A. No. 36 of 2004 --------------------------- Dated this the 23rd day of July, 2007 AWARD The parties have settled the dispute. The claimants/respondents agreed to settle the matter for a further amount of Rs.2 Lakhs over and above the amount received by claimants, and the balance amount in deposit may be refunded to the appellant/Insurance Company. The Tribunal will pay the amount of Rs.2 Lakhs from the amount in deposit to the claimants within two weeks and refund the balance amount to the appellant/Insurance Company. Communicate a copy of the award to the Tribunal. Issue copy of award to both sides. Appeal is disposed of as above. K.JOHN MATHEW (RETD. JUDGE, HIGH COURT OF KERALA) P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) jp