BEFORE THE LOK ADALATH ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT : THE HONOURABLE MR. JUSTICE M.M.PAREED PILLAY (RETD.CHIEF JUSTICE, HIGH COURT OF KERALA) & THE HONOURABLE MR. JUSTICE M.R.HARIHARAN NAIR (RETD.JUDGE, HIGH COURT OF KERALA) MONDAY, THE 30TH JULY 2007 / 8TH SRAVANA 1929 MFA.No. 1353 of 2001(C) ----------------------- OPMV.759/1999 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/3RD RESPONDENT: ----------- THE NEW INDIA ASSURANCE CO. LTD., KATTAPPANA, REPRESENTED BY ITS ASST. ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, ERNAKULAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2: ------------- 1. SIBICHAN S/O.THOMAS, NADACKAL HOUSE, PAZHAYARIKANDOM.P.O., IDUKKI DISTRICT. 2. SMT.SUSAMMA KURIAN, CHENNATHUMATTOM HOUSE, KATTAPPANA.P.O. 3. (MOHANAN M.K. MALAYILKUNHEL HOUSE KONTHALAMPARA KARA, KATTAPPANA.) (REMOVED) (THE THIRD RESPONDENT IS REMOVED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 30/5/05 ON I.A. NO.1463/05) BY 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: M.F.A.NO.1353/2001/D -2- ORDER ON C.M.P. NO.9100 OF 2001 IN M.F.A. NO.1353 OF 2001 CLOSED. SD/- M.M.PAREED PILLAY (RETD. CHIEF JUSTICE) SD/- M.R.HARIHARAN NAIR 30.07.2007. (RETD. JUDGE) /TRUE COPY/ P.A. TO JUDGE JP JUSTICE M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF KERALA) & JUSTICE M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA) M.F.A. No.1353 of 2001 --------------------------- Dated this the 30th day of July, 2007 AWARD The counsel for the appellant is present and has signed the settlement report. The respondent has already put his signature on 26.07.07. In the circumstances an award is passed limiting the claim to Rs.1,25,000/- (Rupees One lakh and twenty five thousand only) in the place of the amount already awarded by the MACT. The aforesaid amount, less the amounts if any already deposited, will be deposited before the MACT within 60 days from today, failing which it will carry interest at the rate of 9% per annum. Appeal is disposed of as above. M.M.PAREED PILLAY (RETD. CHIEF JUSTICE, HIGH COURT OF KERALA) M.R.HARIHARAN NAIR (RETD. JUDGE, HIGH COURT OF KERALA) jp