Full Judgment
MACA NO. 2166 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 MACA NO. 2166 OF 2020 AGAINST THE AWARD DATED 23.12.2019 IN OP(MV)NO.347/2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR APPELLANTS/PETITIOMNERS:
1 HASEENA, AGED 34 YEARS HOUSE WIFE, W/O. ABDUL SALAM, KARAPPAM VEETTIL HOUSE, P O NATTIKA, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680566. 2 ABDUL HADHI K.A(MINOR), AGED 10 YEARS 68056. REPRESENTED HASEENA, AGED 34 YEARS, HOUSE 3 ASHAK K .A (MINOR), AGED 7 YEARS 680566.REPRESENTED HASEENA, AGED 34 YEARS, HOUSE 4 UMMER, AGED 67 YEARS S/O. KUNJU MUHAMMED, KARAPPAM VEETTIL HOUSE, P O 5 SAINABA, AGED 62 YEARS W/O. UMMER, KARAPPAM VEETTIL HOUSE, P O NATTIKA, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680566. BY ADVS. P.G.SURESH SMT.ASWATHY KRISHNAN
RESPONDENTS/RESPONDENTS: MACA NO. 2166 OF 2020 2
1 MOHAMMED ASIF S/O. SAIDU MOHAMMED, KAKKASERRY HOUSE, PUNNAKKA BAZAR P O,MATHILAKAM, THRISSUR - 680685. 2 MOHAMMED ASIF, S/O. ABDUL HAMEED, KADAVIL HOUSE, PORI BAZAR, SN PURAM, PUNNAKKA BAZAR, P O MATHILAKAM, THRISSUR - 680685. 3 THE ORIENTAL INSURANCE CO.LTD REPRESENTED BY ITS MANAGER, MANAPPATT BUILDING, NORTH NADA, KODUNGALLUR, THRISSUR - 680664(INSURER)
BY ADV SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 2166 OF 2020 3 ZIYAD RAHMAN, A.A, J M.A.C.A No. 2166 of 2020 st Dated this the 31 day of January, 2024
JUDGMENT
This appeal arises from the Award dated 23.12.2019 in OP(MV)No.347/2013 on the file of Motor Accidents Claims Tribunal, Thrissur.
2. The said claim petition was filed by the appellants seeking compensation due to the injuries sustained in the motor
accident that occurred on 25.12.2012. Even though the appellants claimed an amount of Rs.20,00,000/- (Rupees Twenty lakhs only) as the compensation, the Tribunal awarded an amount of Rs.14,43,600/- (Rupees fourteen lakhs forty three thousand six hundred only) and the third respondent was directed to deposit the said amount along with interest 8% per
annum from the date of petition till deposit. This appeal is submitted by the appellant being dissatisfied with the quantum of compensation.
3. Heard Adv.Sri.P.G.Suresh, learned counsel for the appellants and Adv.Sri.V.P.K.Panicker, learned standing counsel for the third respondent. MACA NO. 2166 OF 2020 4
4. Today when the matter came up for consideration,
the appellants and the third respondent filed a joint memo, as per which it was conveyed that the claim of the appellants were settled by the third respondent by agreeing to pay an amount of Rs.7,71,000/- (Rupees seven lakhs seventy one thousand only) inclusive of interest in addition to the amount already awarded by the Tribunal. In the light of the aforesaid joint memo, this appeal is disposed of modifying the award referred to above by granting an additional amount of Rs.7,71,000/- (Rupees seven lakhs seventy one thousand only) inclusive of interest to the appellants and the third respondent is directed to deposit the said amount within a period of two months from the date of receipt of a copy of this judgment. In case of any failure in making the said deposit, it shall be open for the appellants to recover the said amount from the respondent with interest @ 8% per annum from the date of default. The joint statement filed by the parties shall form part of this judgment. sd/- ZIYAD RAHMAN, A.A, JUDGE R.AV