Kerala High Court

Leela.P vs T.Rathi Kumari on 14 January, 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

MACA.No.2064 OF 2014

AGAINST THE AWARD IN OP(MV) 791/2007 DATED 04-01-2014 OF MOTOR

ACCIDENT CLAIMS TRIBUNAL, THALASSERY

APPELLANTS/THIRD PARTIES:

1

LEELA.P.
AGED 68 YEARS,

W/O. (LATE) LAKSHMANAN, PUTHIYA PURAYIL, MELEKANDY,
THILANOOR P.O, THAZHE CHOVVA, KANNUR-670 018

VANAJA P.V.

AGED 47 YEARS,

W/O.SURESHAN (LATE), M.B.QUARTERS, KOTTAKKUNNU
P.O.KATTAMPALLY, KANNUR

JIMSHA E.

AGED 23 YEARS,

D/O.SURESHAN, M.B.QUARTERS, KOTTAKKUNNU
P.O.KATTAMPALLY, KANNUR.

NIMISHA E.

AGED 33 YEARS,

D/O.SURESHAN (LATE), M.B.QUARTERS, KOTTAKKUNNU
P.O.KATTAMPALLY, KANNUR

BY ADV. SRI.P.U.SHAILAJAN

RESPONDENTS /RESPONDENTS :

1

T.RATHI KUMARI,

AGED 42 YEARS,

W/O.E.SURESHAN, ELIMBICHERIYAN HOUSE,
P.O.THIRUVALLOOR, VIA.TALIPARAMBA, KANNUR DISTRICT
670502.

SUTHISHA T. (MINOR),

AGED 14 YEARS,

D/O.SURESHAN, ELIMBICHERIYAN HOUSE, P.O.THIRUVALLOOR,
VIA.TALIPARAMBA, KANNUR DISTRICT 670502.

RATHISHA T. (MINOR)
AGED 12 YEARS,
D/O. E.SURESHAN, ELIMBICHERIYAN HOUSE,
 

" MACA NOS.2064/2014 & 1925/2014 2

P.O.THIRUVALLOOR, VIA.TALIPARAMBA, KANNUR DISTRICT
670502. (MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED
BY THEIR MOTHER AND NEXT FRIEND T.RATHI KUMARI THE
iST RESPONDENT)

4 VINOD, $/O.GOVINDAN
MADANKARA HOUSE, VALIYANNUR, P.O.EACHUR, VALIYANNUR
AMSOM, KANNUR DISTRICT 670 591. (DELETED)

5 K. GOVINDAN
$/O.AMBOOTTY, MADANKARA HOUSE, P.O.CHOVVA, KANNUR
DISTRICT 670006 (DELETED)

(RESPONDENT 4 AND 5 ARE DELETED FROM THE PARTY
ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER
DATED 15/12/2014 IN IA 3627/2014 IN MACA 2064/2014)

6 THE ORIENTAL INSURANCE COMPANY LD.
DIVISIONAL OFFICE NO.1, KANNUR DISTRICT, PIN.670001

Rl BY ADV. SRI.V.R.KESAVA KAIMAL
R1, R6 BY ADV. SRI.A.R.GEORGE

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 14.01.2021, ALONG WITH MACA.1925/2014(C), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 

' MACA NOS.2064/2014 & 1925/2014 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

MACA .No.1925 OF 2014

AGAINST THE AWARD IN OP(MV) 1004/2007 DATED 4.1.2014 OF MOTOR

ACCIDENT CLAIMS TRIBUNAL , THALASSERY

APPELLANTS/PETITIONERS :

1

LEELA P.,

AGED 68 YEARS,

W/O. LATE LAKSHMANAN, PUTHIYA PURAYIL, MELEKANDY,
THILANOOR, P.O.THAZHE CHOVVA, KANNUR-670 018.

VANAJA P.V.,

AGED 47 YEARS,

W/O. SURESHAN (LATE), M.B.QUARTERS, KOTTAKKUNNU,
P.O.KATTAMPALLY, KANNUR.

JIMSHA E.,

AGED 23 YEARS,

D/O. SURESHAN, M.B.QUARTERS, KOTTAKKUNNU,
P.O.KATTAMPALLY, KANNUR.

NIMISHA E.,
AGED 33 YEARS,

D/O. SURESHAN(LATE), M.B.QUARTERS, KOTTAKKUNNU,
P.O. KATTAMPALLY, KANNUR.

BY ADV. SRI.P.U.SHAILAJAN

RESPONDENTS / RESPONDENTS :

1

MADANKARA VINOD,

AGED 46 YEARS,

S/O. GOVINDAN, MADANKARA HOUSE, VALIYANNOOR,
P.O.VARAM, KANNUR-670 594. [DELETED]

K.GOVINDAN,
 

MACA NOS.2064/2014 «& 1925/2014 4

S/O. AMBOOTTY, MADANKARA HOUSE, CHOVVA, P.O.CHOVVA,
KANNUR-670 006. [{DELETED]

RESPONDENTS Ril AND R2 ARE DELETED FROM THE PARTY
ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED
20.11.2014 IN IA 3548/14.

3 THE ORIENTAL INSURANCE COMPANY LID.
KANNUR-670 001.

Rl, R3 BY ADV. SRI.A.R.GEORGE

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 14.01.2021, ALONG WITH MACA.2064/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 

MACA NOS.2064/2014 & 1925/2014 3

JUDGMENT

Appellants in both MACAs are the same. Appellants settled the disputes with the respondents 1 to 3 in MACA No.2064 of 2014. The compromise petition (I.A.No.1 of 2020) shows that terms and conditions as to division of compensation interse have been agreed upon and reduced to writing. The issue was mediated and the memorandum of compromise was submitted under Section 89 of the Code of Civil Procedure.

2. I heard the learned counsel for the appellants as well as the respondents.

3. I am satisfied that the compromise entered into between parties is voluntary. The terms and conditions therein are recorded. The compromise is accepted.

In the result, both MACA Nos.2064/2014 «

MACA NOS,2064/2014 & 1925/2014 6

1925/2014 are disposed of passing an award in terms of compromise. I.A.No.1 of 2020

(compromise petition) shall form part of this

award,

Sd/-

T.V.ANILKUMAR, JUDGE

WhatsApp 10/14/2020

BEFORE THE HONOURABLE HIGH COURT OF KERALA

AT ERNAKULAM LA.No. of 2020 in M.A.C.A.No. 2064 | of 2014

Petitioners/Appellants:

1. Leela.P, W/o.(late) Lakshmanan, aged 74 years, Puthiya Purayil, Melekandy, Thilanoor, P.O.Thazhe Chovva, Kannur-670018.

Vanaja P.V, W/o.Sureshan (late), aged 53 years, M.B.Quarters, Kottakkunnu, P.O, Kattampally, Kannur.

Jimsha.E, D/o.Sureshan (late), aged 29 years, M.B.Quarters, Kottakkunnu, P.O.Kattampally, Kannur.

4, Nimisha.£, D/o.Sureshan (late), aged 39 years,

M.B.Quarters, Kottaakunau, ?.O.Katiampally, Kannu~

Vs,

Respondents/Respondents 1 to 3:

1. T. Rathi Kumari, W/o.E.Sureshan, a Elimbicheriyan House, P.O.Thiruval Via. Taliparamba, Kannur District.

ged 48 years, loor,

2. Suthisha.T, aged 20 years, D/o.Sureshan, A Elimbicheriyan House, P.O.Thiruvalloor, Via. Taliparamba, Kannur District.

3. Rathisha.T, aged 18 years, D/o.Sureshan, Elimbicheriyan House, P.O. Thiruvall

Oor, Via. Taliparamba, Kannur District, ' 6) bans Appellant. Ajo t. Leeka D Respondents). 9, aber e. Vana/a- PV. ee 2. Seclhitha T !

3.F7imsh4a.&. He 3 a Ge

4. Wmjsha-F. Neo :

Si (Ay i--

pple le whofe) Gort

pnt

: hites:/Aveb.whatsann.coam

10/14/2020 oe COMPROMISE PETITION FILED UNDER XXIII RULE 3 AND SECTION 151'

F THE CODE OF CIVIL PROCEDURE

1. The appellants in M.A.C.A.No.2064/2014 and M.A.C.A. No. 1925/2014 are the same persons.

2. The appeal M.A.C.A.No.2064/2014 is filed against the award passed by the Motor Accident Claims Tribuna!, Thalassery in OP(MV) No.791/2007. The respondents 1 to 3 are the petitioners in the above OP(MV) and the appellants were not a party in the OP(MV). So, the appeal was filed along with a leave petition and the same was allowed by this Hon'ble Court. The appeal M.A.C.A.No.1925/2014 is filed against the award passed by the Motor Accident Claims Tribunal, Thalassery in

OP(MV)No. 1004/2007. The petitioners in this OP(MV) are the appellants herein,

A 3. OP(MV)No.791/2007 before the Motor Accident Claims Tribunal, Thalassery is filed by the petitioners (respondents 1 to 3 in M.A.C.A,No.2064/2014) by claiming that the 1* petitioner Is the wife and 2" and 3% petitioners are the children of deceased Suresan, who

died in a motor accideni cn 22.1.2007 at 5.30 p.m. while Ke was

standing near Caltex Bus stop in front of KSRTC Bus Stand, Kannur. 4

private bus bearing registration No.KL-13H/9949 driven by the 1°

respondent in a rash and negligent manner came and hit on the deceased and he sustained grievous injuries and he was taken to Headquarters Hospital, Kannur, where he was declared as dead

A 4. OP(MV)No.1004/2007 is filed by the appellants herein by oo eee that the 1* petitioner is the mother, 2™ petitioner is the wife and

"4 and 4" petitioners are the children of deceased Suresan, who died in the above said accident.

A ppellonr4- A/o. fb. Lecka - Cp P.e8 ovrclent Wi; l "G). ae f 2) | QR. Vanaja PV Y 2 Aisha 7 SSB = 2. Timsra. © 2 pads GS

WAR, S bre Lng

ype ho ie Cenc tleorg) cont J

10/14/2020 VlsetsApp ' ro,

5. _ Trial of both cases were conducted together and the Hon'ble Motor Accident Claims Tribunal, Thalassery passed a common award on 4.1.2014 by dismissing OP(MV)No.1004/2007 and partly allowing OP(MV) No.791/2007. In the award, it is stated that the respondents 1 to 3 in the OP{MV) are jointly and severally liable to pay compensation of Rs.7,90,000/- to the petitioners with Interest 8% per annum from the

date of petition till realization with proportionate cost. It Is ordered to apportion the amount as follows:

* petitioner In OP(MV)No.791/2007 : 45% Petitioners 2 and 3 in OP(MV)No.791/2007 : 20% each 1* petitioner In OP(MV}No. 1004/2007 > 15% ry Aggrieved by the award, the petitioners in OP(MV)No. 1004/2007 filed

both the above said appeals before this Hon'ble Court.

6. Now, the appellants and respondents 1 to 3 in M.A.C.A. No.2064/2014 have settled the matter In the mediation between the Parties in presence of the reiatives. In the mediation, the responce its 1 to 3 In M.A.C.A.No.2064/2014 (petitioners in OP(MYV) Noi 2 7) agreed to give a lumpsum amount of Rs.2 lakhs (without interest) to the 2™ appellant (2°° petitioner in OP(MV)No.1004/2007), from the 85% of the amount awarded, with interest entitled by the respondents 1 ' to 3 In M.A.C.A.No.2064/2014. It Is also agreed that the and appellant is

not entitied to get any interest tor this amount of Rs.2 lakhs.

7. 'The parties further agreed that there is no need to alter the amount awarded to the mother of the deceased Suresan, who is the {*

appellant in both the appeals. It Is aiso agreed that the appellants 3 and

4 in both the appeals who are the petitioners 3 and 4 in OP(MV)No. 1004 of 2007 are not entitled to get any amount as compensation.

A lant. No./. ka: 2:

ppet 0 Lee Be Pale et oo

2. Vanafa. PV i D . Brcthoder-? oer

2. F/MShAQ.L. - , & 2 prolehs Get ae NI m) 6he.&. Alco

, pl pelt eaten nee rt Fh oe rite Clb CRep.na hoses)

hme thank ub aden na

10/14/2020 Whatsapp

Hence it is humbly prayed that this Hon'ble Court may be pleased to record this compromise and pass judgment on the basis of the above said compromise between the partles.

Dated this the 13" day of October, 2020

Patitioners/Appellants

1. Leela.P he | '

Vanaja PV ly Jimsha.E es

4. Nimisha.E /\po.

" (ZEB | --

~~ P,U.Shailajan, Counsel for the Petitioners/Appellants

Respondents/Respondents 3 <> 2

1. T.Rathi Kumari, os

2. Suthisha.T ayer :

3. Rathisha.T go"

' i Counsel for the Respondents/Respondents 1 to 3 yy Ky 1--~ an