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 MFA.No. 563 of 2003() --------------------- WCC.289/1998 of COMMISSIONER FOR WORKMEN'S COMPENSATION, THRISSUR .................... APPELLANT: SECOND OPPOSITE PARTY -------------------------------- THE ORIENTAL INSURANCE CO.LTD., THRISSUR, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.ALEXY AUGUSTINE RESPONDENTS: APPLICANT/FIRST OPPOSITE PARTY ------------------------------------------- 1. SAJI K.S., S/O.SHANMUKHAM, KAITHAVALAPPIL HOUSE, P.O.ELTHURUTH, THRISSUR. 2. JOHNSON C.ANTONY, CHALISSERY HOUSE, BIG BAZAR, ARANATTUKARA P.O., THRISSUR. R1 BY ADV. SRI.V.CHITAMBARESH (SR) & SRI.T.C.SURESH MENON THIS MISC. FIRST 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: ORDER ON I.A. 388/2003 IN M.F.A. NO: 563 OF 2003 CLOSED: 18/3/2008 SD/- T.K.CHANDRASEKHARA DAS RETIRED JUDGE SD/- K.J.THOMAS STANLEY RETD. ADDL. DISTRICT JUDGE jj JUSTICE T.K.CHANDRASEKHARA DAS (RETIRED JUDGE, HIGH COURT OF KERALA) AND SHRI. K.J.THOMAS STANLEY (RETIRED ADDL. DISTRICT JUDGE) ------------------------------------------------------------- M.F.A NO: 563 OF 2003 ------------------------------------------------------------- Dated this the 18th March, 2008. A W A R D Discussed with both sides and both sides agree that an amount of Rs.24,367/- can be reduced from the order of the lower court. Therefore the first respondent will be entitled to get the compensation of Rs.90,000/- plus interest at the rate as ordered by the Tribunal from the date of accident. 2. The insurance company has stated that the above amount has been deposited on 17.1.2003 in the Court of the Commissioner for Workmen's Compensation. If the Workmen's Compensation Commissioner has deposited the amount in fixed deposit in a bank, the petitioner is entitled to the proportionate interest. It is agreed that in view of this the balance amount in MFA 563/03 -2- court deposit can be withdrawn by the insurance company. 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