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Anitha vs Abdul Azeez

Anitha vs Abdul Azeez

Type Court Judgment Court Kerala Decided Mar 01, 2023
~2 min read
https://sooperkanoon.com/case/1377879

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
MACA/3586/2021

Parties & Advocates

Appellant / Petitioner

Anitha

Respondent

Abdul Azeez

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran wednesday, the 1st day of march 2023 / 10th phalguna, 1944 against the award in opmv 785/2018 of motor accident claims tribunal, vadakara appellant/petitioner: anitha, aged 44 years, d/o. kunhikrishnan, kovukkal house, kottappally, chemmarathur p.o., vatakara taluk, kozhikode district, pin-673104. abu mathew aju mathew respondents: 1 abdul azeez, age not known, s/o. ahammed, veerancheri house, vatakara beach p.o., vatakara taluk, kozhikode district, pin-673103. 2 jishnu vinod p.t.k., age not known, s/o.vinodan, puthukkudi thazha kuni house, kottappally p.o., vatakara taluk, kozhikode district, pin-673542. 3 umesh edarantavida, aged 43 years, s/o. vasanthan, thazhe koodathil house, link road, nut street p.o., vatakara taluk, kozhikode district, pin-673104. 4 shriram general insurance company limited district, kochi-682035, represented by its branch manager. by adv linto francis this motor accident claims appeal having come up for admission on 01.03.2023, the court on the same day delivered the following:judgmentwhen this matter was called today, the learned counsel for the parties were ad idem that the disputes between their clients have been settled and that a joint statement has been filed.2. i have examined the joint statement and see that theclaim of the claimant has been settled by the insurance company for an additional amount of rs.50,000/- in full and final settlement and that they have agreed to deposit the same before the tribunal, within a period of two months from the date ofreceipt of a copy of this judgmentin the afore circumstances, i allow this appeal in terms of the compromise petition dated 21.02.2023 filed by the parties; with a direction to the insurance company to deposit the afore said amount before the tribunal, within a period of two months from the date of receipt of a copy of this judgment; failing which the appellant will be entitled to interest on

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 AGAINST THE AWARD IN OPMV 785/2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA APPELLANT/PETITIONER: ANITHA, AGED 44 YEARS, D/O. KUNHIKRISHNAN, KOVUKKAL HOUSE, KOTTAPPALLY, CHEMMARATHUR P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673104. ABU MATHEW AJU MATHEW RESPONDENTS: 1 ABDUL AZEEZ, AGE NOT KNOWN, S/O. AHAMMED, VEERANCHERI HOUSE, VATAKARA BEACH P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673103. 2 JISHNU VINOD P.T.K., AGE NOT KNOWN, S/O.VINODAN, PUTHUKKUDI THAZHA KUNI HOUSE, KOTTAPPALLY P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673542. 3 UMESH EDARANTAVIDA, AGED 43 YEARS, S/O. VASANTHAN, THAZHE KOODATHIL HOUSE, LINK ROAD, NUT STREET P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673104. 4 SHRIRAM GENERAL INSURANCE COMPANY LIMITED DISTRICT, KOCHI-682035, REPRESENTED BY ITS BRANCH MANAGER. BY ADV LINTO FRANCIS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

When this matter was called today, the learned counsel for the parties were ad idem that the disputes between their clients have been settled and that a Joint Statement has been filed.

2. I have examined the Joint Statement and see that the

claim of the claimant has been settled by the Insurance Company for an additional amount of Rs.50,000/- in full and final settlement and that they have agreed to deposit the same before the Tribunal, within a period of two months from the date of

receipt of a copy of this judgment

In the afore circumstances, I allow this appeal in terms of the Compromise Petition dated 21.02.2023 filed by the parties; with a direction to the Insurance Company to deposit the afore said amount before the Tribunal, within a period of two months from the date of receipt of a copy of this judgment; failing which the appellant will be entitled to interest on the afore said sum at the rate of 8% per annum. Sd/- DEVAN RAMACHANDRAN JUDGE stu

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