BEFORE THE LOK ADALAT ORGANIZED BY THE KERALA HIGH COURT LEGAL SERVICES COMMITTEE PRESENT: THE HONOURABLE MR. JUSTICE V.BHASKARAN NAMBIAR (RETD.JUDGE, HIGH COURT OF KERALA) & SRI.K.J.THOMAS STANLEY( RETD. DISTRICT JUDGE) WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 496 of 2007() ---------------------- OPMV.745/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS/CLAIMANTS IN OPMV. ------------------------------------------- 1. LEELA, AGED 50 YEARS, W/O.LATE ANANDAKRISHNA SHARMA, VADEKKEMADOM, (VAISAKH), NEAR MAHA DEVA TEMPLE, CHENGAMANAD VILLAGE, CHENGAMANAD P.O. 2. GANESH, AGED 29 YEARS, S/O.ANANDAKRISHNA SHARMA -DO- 3. DEEPA, AGED 31 YEARS, W/O.VENU THAPPATTU (H), -DO- (D/O.ANANDAKRISHNA SHARMA). BY ADV. SRI.THOMAS M.JACOB SRI.G.RAJAGOPAL RESPONDENTS/ RESPONDENTS IN OPMV. -------------------------------------------------------- 1. MANAGING PARTNER, CHARTED FINANCE, HIGH RANGE JUNCTION, KOTHMANGALAM. 2. BABU, S/O.ANTONY, PATHADAN HOUSE, EZHATTUMUGHAM KARA, KARUKUTTY VILLAGE. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUNICIPAL SHOPPING COMPLEX, KACHERITHAZHAM, MUVATTUPUZHA-686 661. 4. THE NEW INDIA ASSURANCE CO.LTD., P.B.NO.108 XIV/708, KODUVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA-683 101. 5. C.D.SABU, S/O.DEVSIKUTTY, CHULLIYIL HOUSE, AYYAMPUZHA P.O., ANGAMALI (VIA). ADV. SRI.P.V.JYOTHI PRASAD FOR R3 SRI.PMM.NAJEEB KHAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR DETERMINATION AT THE LOK ADALAT ON 05/11/2008, AND THE PARTIES HAVING SETTLED THE MATTER, THE FOLLOWING AWARD IS PASSED IN TERMS OF SETTLEMENT: SRI.ABRAHAM VAKKANAL (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI.M.T.BALAN (RETD.DISTRICT JUDGE) =============================== M.A.C.A.No.496 of 2007 =============================== Dated this the 14th day of July, 2009 AWARD Earlier Award dated 5.11.2008 was passed with New India Assurance Company in the party array. However, subsequently it is found out that the Insurance company of the offending vehicle was United India Insurance Company. Today, counsel for the appellants, officers of the United India Insurance company and counsel for the Insurance company are present. After discussion, both parties have arrived at a settlement. 3rd respondent- United India Insurance Company has agreed to pay an additional compensation of Rs.40,000/-(Rupees forty thousand only) over and above what has been awarded by the court below which is acceptable to the appellants. Accordingly, Insurance Company shall deposit an additional compensation of Rs.40,000/- (Rupees forty thousand only) before the Motor Accidents Claims Tribunal, Perumbavoor, for payment to the appellants, within 60 M.A.C.A.496/2007 2 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. ABRAHAM VAKKANAL (SENIOR ADVOCATE, HIGH COURT OF KERALA) M.T.BALAN (RETD.DISTRICT JUDGE) dvs