BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT: SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI K.J.THOMAS STANLEY(RETD.DISTRICT JUDGE) MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 MACA.No. 1040 of 2005() ----------------------- OPMV.1648/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/PETITIONER & ADDL. PETITIONERS 2 TO 5 IN OP(MV): --------------------------------------------------------------------------- 1. MURALI, S/O.DAMODARAN, MADAYIL HOUSE, THUMBOLI, ALAPPUZHA(DIED). 2. GEETHA MURALI, W/O.LATE MURALI, MADAYIL HOUSE, THUMBOLI, ALAPPUZHA. 3. KANNAN K.M., AGED 7 YEARS (MINOR), REP. BY HIS MOTHER AND NATURAL GUARDIAN GEETHA MURALI OF DO.DO. 4. UNNIKRISHNAN K.M., MINOR, REP. BY DO.DO. 5. AMBUJAKSHI DAMODARAN, AGED 67 YEARS, MOTHER OF DECEASED MURALI. BY MR.A.P.SUBHASH,ADVOCATE RESPONDENTS/RESPONDENTS 1 TO 3 IN OP.(MV): ------------------------------------------------------- 1. R.SUNDARA RAJ, S/O.RADHAKRISHNAN, S.NAGAL PUDUR, 5TH LANE, DINDIGAL. 2. MRS.UMA DEVI VIJAIRAM, 20, PILLAIYAR PALAYAM ROAD, YELLAPURAM, MADURAI-625 012. 3. THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., 216-A, NETHAJI ROAD, MADURAI-625 001. (ORIGINAL RESPONDENTS 1 TO 3 IN OP(MV), DRIVER, OWNER & INSURER OF LORRY BEARING NO.MDH-4478) (1ST RESPONDENT DELETED FROM PARTY ARRAY AS PER ORDER IN IA.2618/02 DATED 4-12-2002) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 09/02/2009, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: SRI.S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) ================================= M.A.C.A.No.1040 of 2005 ================================= Dated this the 9th day of February, 2009 AWARD 2nd appellant and learned counsel for the appellants are present. Representatives of the 3rd respondent-Insurance Company and learned counsel for the Insurance company are also present. After discussion, the Insurance Company has offered to pay an additional compensation of Rs.25,000/-(Rupees twenty five thousand only) over and above what has been awarded by the Court below, which is acceptable to the appellants. Accordingly, Insurance Company shall pay an additional amount of Rs.25,000/-(Rupees twenty five thousand only) within 60 days from the date of the Award. Non-payment of the amount within the stipulated period will attract interest at the rate of 9% per annum. The M.A.C.A is disposed of as settled between the parties. S.VENKITA SUBRAMANIA IYER (SENIOR ADVOCATE, HIGH COURT OF KERALA) K.J.THOMAS STANLEY (RETD. DISTRICT JUDGE) dvs