Anitha vs Abdul Azeez - Court Judgment

SooperKanoon Citationsooperkanoon.com/1377879
CourtKerala High Court
Decided OnMar-01-2023
Case NumberMACA/3586/2021
JudgeHonourable Mr. Justice Devan Ramachandran
AppellantAnitha
RespondentAbdul 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 the afore said sum at the rate of 8% per annum. sd/- devan ramachandran judge stu
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