IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 30893 of 2008(C) -------------------------- OPMV.768/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... PETITIONER: --------------- V.PADMANABHAN S/O. GOPALAN NAIR, AGED 57 YEARS, THALAM HOUSE P.O. KOOTHALLY, PERAMBRA VIA, KOZHIKODE DIST. NOW RESIDING AT KAYANARI HOUSE, PANTHEERANKAVU P.O.CALICUT. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS: --------------- THE ORIENTAL INSURANCE COMPANY LIMITED, G.H.ROAD, CALICUT. ADV. SRI.MATHEWS JACOB (SR.) FOR R1 SRI.P.JACOB MATHEW FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.30893 of 2008 -------------------------- Dated this the 2nd December, 2008 J U D G M E N T Petitioner is the claimant in OP (MV) No.768 of 2007, application filed by him before the MACT Kozhikode claiming compensation to the tune of Rs.60,000/- for the injury sustained by him in a motor accident which took place on 30.9.2006. The Insurance Company entered appearance and admitted insurance coverage. The matter was referred to Adalath for negotiation and settlement. It is stated to have been settled on 19.1.2008 as evidenced by Exhibit P1 and a Joint memo was filed by the petitioner and Insurance Company. Petitioner's grievance is that in spite of joint memo having been filed, the Tribunal has been delaying passing an award in terms of the compromise entered into between the parties. Hence the writ petition. 2. I heard learned counsel for the petitioner Sri.K.M.Jamaludheen and learned counsel for the W.P ( C) No.30893 of 2008 2 Insurance Company Sri.Jacob Mathew. 3. It is affirmed that Exhibit P1 is a joint memo submitted by the petitioner and respondent in OP(MV)No. 768 of 2007. If that be so, that cannot be any impediment to the MACT proceeding to pass an award in terms of the compromise arrived at between the parties. 4. Accordingly, the writ petition is disposed of directing the Principal MACT, Kozhikode to pass an award in terms of Exhibit P1 joint compromise memo filed by the parties in OP (MV)No.768 of 2007 without further delay at any rate within one month from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No.30893 of 2008 3 W.P ( C) No.30893 of 2008 4