BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COUT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE P.K.SHAMSUDDIN (RETD. JUDGE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE T.V.RAMAKRISHNAN (RETD.JUDGE, HIGH COURT OF KERALA) WEDNESDAY, THE 10TH JANUARY 2007 / 20TH PAUSHA 1928 MFA.No. 831 of 2001() --------------------------- OP(MV).45/1997 DATED 13.12.2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/3RD RESPONDENT: ----------- THE NEW INDIA ASSURANCE CO. LTD., NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB RESPONDENT/PETITIONER: ------------- K.S.PHILIP @ JOY S/O.SAMUEL, KUNNUMPURATHU KIZHAKKETHIL, PADINJATTUMSSERY, ANJILITHANAM P.O., KAVIYOOR. BY ADV. SRI.S.SUBHASH CHAND SRI.V.V.SHAJI THIS MISC. FIRST 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: MFA NO.831/2001 -2- CMP NO.9855 OF 2001 IN MFA NO.851 OF 2001 CLOSED IN VIEW OF SETTLEMENT AT THE ADALATH SD/- P.K.SHAMSUDDIN (RETD. JUDGE) SD/- 10.1.2007. T.V.RAMAKRISHNAN (RETD. JUDGE) /TRUE COPY/ jp P.K.SHAMSUDDIN (RETD. JUDGE) & T.V.RAMAKRISHNAN (RETD. JUDGE) M.F.A. No.831 OF 2001 ----------------------------------- Dated this the 10th day of January, 2007 A W A R D P.K.SHAMSUDDIN (Rtd. Judge) We heard the counsel for the appellant and the officers of the Insurance Company. We also heard the respondent, his counsel and the party in person. After discussion it was agreed that the total amount of Rs.2,28,000/- (Rupees Two lakhs twenty eight thousand only) awarded by the MACT Pathanamthitta will be reduced to Rs.2,10,000/- (Rupees Two lakhs ten thousand only) and the interest awarded by the MACT . It was also agreed that after deducting the payment already made, the balance amount will be deposited by the Insurance Company before the MACT Pathanamthitta within 60 days from the date of receipt of this award. Appeal is disposed of as above. P.K.SHAMSUDDIN (RETD. JUDGE) T.V.RAMAKRISHNAN (RETD. JUDGE) jp