Thajuddeen C vs Rashid K.M
2021 Latest Caselaw 940 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

    FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                    MACA.No.3179 OF 2016(F)

  AGAINST THE AWARD IN OPMV 712/2007 DATED 16-06-2014 OF MOTOR
     ACCIDENT CLAIMS TRIBUNAL , THALASSERY, KANNUR DISTRICT

                            ......


APPELLANT/PETITIONER:

             THAJUDDEEN C.
             AGED 40 YEARS, S/O.ABDUL KADER,
             RESIDING AT DAYA MANZIL,P.O.MATTOOL,
             KANNUR DISTRICT

             BY ADVS.
             SRI.SUNIL NAIR PALAKKAT
             SRI.K.N.ABHILASH
             SRI.M.A.AHAMMAD SAHEER
             SMT.K.AASHA

RESPONDENT/RESPONDENTS:

      1      RASHID K.M.
             S/O.UMMER V.V., KIZHAKKEVALAPPIL MUTTOM HOUSE,
             MATTOOL NORTH PO, KANNUR DISTRICT,(DRIVER OF KL.
             13-J 5319 MARUTI WAGON R) 67009

      2      SAFIYA UMMER
             W/O.V.V.UMMER, ZEENATH MANZIL,MATTOOL NORTH PO,
             KANNUR DISTRICT,(RC OWNER OF KL.13 J-5319 MARUTI
             WAGON R) 67009

      3      BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED
             KANNUR BRANCH OFFICE, O/O.HAR AUTO PVT. LTD.,
             HAR AVENUE, KANNOTHUMCHAL, P.O.CHOVVA
             (INSURER OF KL.13 J.5319 MARUTI WAGON R),
             (POLICY NO. BA 2011148) 670009

             R3 BY ADV. SRI.THOMAS M.JACOB

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                       SATHISH NINAN, J.
             ==================
                  M. A. C. A. No.3179 of 2016
             ==================
             Dated this the 8th day of January, 2021

                               JUDGMENT

This appeal is filed by the claimant seeking

enhancement of compensation. In view of the

compromise entered into between the appellant-

claimant and the third respondent Insurance

Company, respondents 1 and 2 namely, the driver and

the owner are removed from the party array.

2. The appellant-claimant and the Insurance

Company have, pending the appeal entered into the

settlement, the terms of which have been entered in

the joint compromise petition. The appeal is

disposed of in terms of the settlement. IA.

No.1/2021 shall form part of this judgment. The

decree and judgment of the Tribunal will stand

modified accordingly.

Sd/-

SATHISH NINAN JUDGE

kns/-