Smt. Sreedevi Amma vs Sharafudheen
2021 Latest Caselaw 22214 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                     MACA NO. 2182 OF 2013

  AGAINST THE AWARD IN OPMV 470/2008 OF MOTOR ACCIDENT
             CLAIMS TRIBUNAL,PATHANAMTHITTA
APPELLANT/2ND RESPONDENT:

            SMT. SREEDEVI AMMA
            W/O.VASUDEVAN NAIR, 'CHAITHANYA',
            PANNIVIZHA P.O., ADOOR, PATHANAMTHITTA DISTRICT.

            BY ADVS.
            SRI.M.GOPIKRISHNAN NAMBIAR
            SRI.P.BENNY THOMAS
            SRI.P.GOPINATH
            SRI.K.JOHN MATHAI

RESPONDENTS/PETITIONER & RESPONDENTS 1 & 3:

    1       SHARAFUDHEEN, S/O.KASIM RAWTHER, PUTHENPURAKKAL,
            PAZHAKULAM WEST P.O., ADOOR,
            PATHANAMTHITTA DISTRICT, PIN-691523.

    2       VASANTHAN, S/O.KUNJUPILLAI, VALLIPARAMBIL HOUSE,
            KODUMON P.O., ADOOR VILLAGE,
            PATHANAMTHITTA DISTRICT, PIN-691555.

    3       RAMESAN, S/O.RAGHAVAN, KANJIRAVILA VADAKKETHIL,
            KODUMON P.O., ADOOR VILLAGE,
            PATHANAMTHITTA DISTRICT, PIN-691555.

            BY ADV SRI.A.N.SANTHOSH


        THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION    ON   05.11.2021,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 M.A.C.A No.2182 of 2013

                             2



                          JUDGMENT

Today when the matter is taken up for

hearing, it is submitted by the learned

counsel for the appellant, the original 2 nd

respondent, the owner of the alleged

offending vehicle, that since there was no

insurance, the liability with the claimant

and the appellant has been settled by paying

amount mutually agreed between them and the

so called agreement has been produced before

this Court along with a petition to receive

the same.

2. The learned counsel for the 1st

respondent also supported the contention of

the learned counsel for the appellant and

conceded the settlement.

3. Hence, recording the settlement the

award of the Tribunal is recorded to be paid

in full satisfaction. It is submitted by the M.A.C.A No.2182 of 2013

learned counsel for the appellant that

Rs.25,000/- made by the appellant being

statutory deposit is liable to be returned

to the appellant. This submission also is

not opposed by the learned counsel for the

1st respondent in view of the settlement.

Accordingly, it is ordered that the

Tribunal shall return Rs.25,000/- deposited

by the appellant forthwith on filing a

petition in this regard. This appeal stands

disposed of as above.

Sd/-

A.BADHARUDEEN, JUDGE.

ww M.A.C.A No.2182 of 2013

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A TRUE COPY OF THE MEMO DATED 22.09.2014 FILED BY THE PETITIONER/APPELLANT IN O.P.(M.V) No.470/2008 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA.