IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
MACA NO. 209 OF 2020
AGAINST THE AWARD IN OP(MV) NO.1451/2014 OF III ADDITIONAL MACT,
THRISSUR
APPELLANTS/RESPONDENTS:
1 ASHRAF ALI.K
KALIYATH HOUSE, ANGADITHAZHAM, CHAKKAMKANDAM,
CHAVAKKAD P.O., THRISSUR DISTRICT-680506.
2 NABEEL K A
S/O. ASHRAF K, ANGADITHAZHAM, CHAKKAMKANDAM,
CHAVAKKAD P O, THRISSUR DISTRICT-680506.
BY ADVS.
SHEJI P.ABRAHAM
SRI.O.K.MURALEEDHARAN
RESPONDENT/PETITIONER:
K.V.AZEEZ
S/O. HYDROSEKUTTY, KULANGATH HOUSE,
EDAKKAZHIYOOR P O, THRISSUR DISTRICT-680515.
BY ADV
BY ADV SRI.K.A.SREEJITH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 209 OF 2020
2
JUDGMENT
This appeal is submitted by the respondents 1 and 2 in O.P. (M.V.) No.1451/2014 on the files of IIIrd Additional Motor Accident Tribunal, Thrissur. The aforesaid claim petition was filed by the respondent herein seeking compensation for the injuries sustained to him in motor accident occurred on 31.05.2014 in which serious injuries were sustained to him. The accident occurred when the bicycle ridden by the petitioner therein was hit by a Tata Sumo car driven by the 2nd respondent therein and the said vehicle was owned by the 1st respondent in the claim petition. The claim petition was submitted seeking a total compensation of Rs.5,00,000/-.
2. The appellants appeared before the Tribunal and filed a joint written statement, disputing the accident. It was also contended that, the accident occurred due to the negligent riding of the bicycle by the respondent. The evidence in this case consists of Exts.A1 to A11 from the side of the respondent and no evidence was adduced from the side of the appellants herein. After the trial, the Tribunal passed MACA NO. 209 OF 2020 3 an award allowing a total compensation Rs.6,58,680/- along with interest @ 9% per annum from the date of petition till the realization. As vehicle was not covered with an insurance policy the appellants were directed to deposit the said amount. This appeal is submitted by them aggrieved by the aforesaid award.
3. Heard Sri.Sheji P.Abraham, the learned counsel for the appellants and Sri.K.A.Sreejith, learned counsel appearing for the respondent.
4. Today when the matter came up for consideration, both the counsels have pointed out that, the disputes between the parties have been settled, and a compromise petition has already submitted before this Court as I.A. No.1/2023. As per the terms of the said compromise, the parties have agreed to settle the claim, for a total amount of Rs.5,00,000/- and the said amount is already paid to the respondent by way of D.D. No.691588 drawn on Federal Bank Ltd., Chavakkad Branch dated 06.03.2023. In such circumstances, the appeal is allowed, and the Award passed by the IIIrd Additional Motor Accident Claims Tribunal, Trissur in O.P.(M.V.) MACA NO. 209 OF 2020 4 No.1451/2014, shall stand modified, by fixing the total compensation as Rs.5,00,000/-, in tune with the terms of settlement agreed between the parties.
The appeal is disposed of with the above directions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE scs