Kerala High Court
Khamarunneesa vs Shiram General Insurance Co. ... on 18 December, 2021
I- /fl
ue-eflj±_
fu.. q ,.12`. 2J)2.I
ou3EFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM
lA No: /2021
lN
MACA NO: 832/2019
Appellants Khamarunneesa & Others
Vs
rl Respondent s M/s Shriram General Insurance
Co.Ltd., & Others
COMPROMISE PETITION EItED UNDER ORDER Xxlll RULE 3 0F |us
_CODE OF CIVIL PROCEDURE,190§
ftyvJ SeyveA ut
©Rashmi.K.V (
OUNSEL FOR THE APPELLANT
ch
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM
IANo: I /2021
IN
MACA NO: 832/2019
Appellants Khamarunneesa & Others
Vs`
Respondents M/s Shriram General Insurance
Co.Ltd., & Others
FILED UNDER
OF THE
gQPE__oFcivi±j2±?.ocEp_yREz±9ea
We, the appellant and the respondent insurance company mutually
agreed to settle the claim for Rs.3,50,coo/-in fun and final settlement of the
claim. There is no coercion or under irifluence. The respondent shall pay the
compensation to the appellant within a period of 60 days from the date of
receiptofcopyofthisorderfailingwhichtheaboveamountshallcarryinterest
at the rate of 9% per annum from the d,.ate of default onwards.
It is humbly prayed that this Hon'ble Court may be pleased to dispose
the appeal recording the above compromise.
Date th.is the 2nd December 2021
FershriramfaediEife
1.Khamarunneesa
2.Ajeena Ajeeb T(minor)
;:I,Jy`a-;'aufu`;:;i:(h.i;'of)'gr
M/s Shriram General Insurance Co. Ltcl.,
4.Fathima Minsha
Respondent
Petitioners
cfi> ife©:mH+.P'
Counsel of -t-he Respondent ~o /
Counsel of the Appellan
RASwrv\ k'V
• .=f£J
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BASANT BAI.AJI
SATURDAY, THE 18TH DAY OF DECEMBER 2021/27TH
AGRAHAYANA, 1943
M.A.C.A. NO.832 0F 2019
(AGAINST THE ORDER IN OP(MV)No.574/2017 0F MOTOR
ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE)
APPELliANTS /CLAIMANTS :
KHAMARUNNEESA, AGED 31 YEARS,
W/O.LATE AJEEB.
AJEENA AJEEB T(MINOR) , AGED 12 YEARS
LIYANANAZRIN (MINOR) , AGED 7 YEARS
FATHIMA MINSHA (MINOR) , AGED 4 YEARS,
MINORS ARE REPRESENTED BY THEIR MOTHER AND
NEXT FRIEND KHAMARUNNEESA, W/O.LATE AJEEB.
BY ADV K.V.RESHMI
RESPONDENTS/3RD, 4TH & 5TH RES_PONDENTS:
1 SHRIRAM GENERAL INSURANCE CO. LIMITED,
41/339, AZAD TOWERS, AMMAN KOVIL CROSS ROAD,
COCHIN, REPRESENTED BY ITS MANAGER,
PIN 682 035.
HAMZAKOYA, AGED 64 YEARS,
S/O.SAIDALAVI, RESIDING AT THEKKAKATH HOUSE,
P.O.ARIYALLOOR, MALAPPURAM, PIN 676 312.
SAINEEVI, AGED 58 YEARS,
W/O.HAIZAKOYA, RESIDING AT THEKKKKATH HOUSE,
P.O. ARIYALLOOR, MALAPPURAM, PIN 676 312.
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING
COME UP FOR ADMISSION ON 18.12.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A. No.832 of 2019
BASANT BALAJI, J.
----------------------------------------
M.A.C.A. No.832 of 2019
Dated: 18th December`, 2021
JUDGMENT
This appeal is filed against the order dated
3.11.2018 in 0.P.(M.V.)No.574 of 2©17 on the file of the
Motor Accidents Claims Tribunal, Kozhikode.
The Tribunal granted a total compensation of
Rs.26,64,200/- on various heads. Dissatisfied with the
compensation awarded by the Tribunal, this appeal has
been filed.
Today, when the case is called up for hearing,
learned counsel for the petitioner submits that a
compromise petition has been filed by both the parties
as I.A.No.1 of 2©21, signed by the appellants as well as
the first respondent and respective counsel stating that
the matter has been settled out of court for an amount
M.A.C.A. No.832 of 2019
of Rs.3,5©,©©©/- being the full and final settlement.
The respondent agrees that the compensation will be paid
within 60 days f rom the date of receipt of a copy of the
judgment, failing which, the interest at the rate of 9%
will be paid. Recording the submission of the learned
counsel for the petitioner as well as the first
respondent, this MACA is disposed of in terms of the
compromise. The compromise petition filed will form part
of the judgment.
Sd/-
BASANT BALAJI, JUDGE
SS
