Shyma vs Basheer K.K
2022 Latest Caselaw 4206 Ker

Citation : 2022 Latest Caselaw 4206 Ker
Judgement Date : 7 April, 2022

Kerala High Court

Shyma vs Basheer K.K on 7 April, 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 774 DAY OF APRIL 2022 / 17TH CHAITHRA, 1944

MACA NO, 2953 OF 2014

AGAINST THE AWARD DATED 29.04.2014 IN OP(MVj)NO.69/2013 OF
THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE

0 8S:

1 SHYMA,
AGED 25 YEARS,
W/O.LATE P.V.JAYAN, (WIFE OF THE DECEASED),
PULIKKOOTTATHIL HOUSE,
(P.O.) KOODARANHI, KARATTUPARA,
KOZHIKODE - 673 604.

2 ANAMIKA,
AGED 5 YEARS,
D/O.LATE P.V.JAYAN,
(DAUGHTER OF THE DECEASED,
REPRESENTED BY MOTHER SHYMA),
PULIKKOOTTATHIL HOUSE, ({P.O.)
KOODARANHI, KARATTUPARA,
KOZHIKODE - 673 604.

3 ANANTHIKA,
D/O.LATE P.V.JAYAN,
(DAUGHTER OF THE DECEASED, REPRESENTED BY MOTHER
SHYMA), PULIKKOOTTATHIL HOUSE, [P.0.)
KOODARANHI, KARATTUPARA,
KOZHIKODE - 673 604.

BY ADVS. SRI.P.V.SANTHOSH JOSE
SMT.DIVYA B.NAIR
SMT .A.MUMTHAZ
SRI.R.RETHEESH KUMAR

RESPONDENTS / RESPONDENTS >

1 BASHEER K.K.,
S/O.ABDULLA, KUNIYANKUZHIYIL HOUSE,
P.O. KIZHAKKOTH, MADAVOOR VIA,
KODUVALLY,
KOZHIKODE DISTRICT - 673 572.
 

M.A,C.A.NO. 2953/2014

2 HARIS,
AGED 28 YEARS,
S/O.ABOOBACKER P, PAZHIMCHERI HOUSE,
(P.O.) PUTHUR, KODUVALLY,
KOZHIKODE - 673 572.

3 NATIONAL INSURANCE CO.LTD.
NOOR COMPLEX, MAVOOR ROAD,
KOZHIKODE - 673 001.

BY ADV SMT.DEEPA GEORGE

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 

M.A.C.A.NO, 2953/2014

Dated this the 7* day of April,2022
JUDGMENT

The appeal is filed by the petitioner in O.P.(M.V) No.69/2013 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, seeking enhancement of compensation.

2, On the suggestion made by this Court, the appellant and the third respondent agreed to explore the possibility of settling their dispute through direct negotiation.

3. Pursuant to the settlement talks held in this Court, the above parties have arrived at an amicable settlement as per the terms and conditions in the Joint Statement dated 05.04.2022, signed by the parties and countersigned by the respective counsel.

4. I have perused the Joint Statement dated 05.04.2022 and found that the compensation amount

agreed between the parties to be just and reasonable,

M.A.C.A.NO. 2953/2014

-i4i-

and that the settlement is in accordance with law.

In the result, the appeal is allowed as per the terms and conditions in the Joint Statement dated 05.04.2022, which shall form part of the judgment.

This Court places on record its appreciation for both the appellant as well as the _ third respondent-insurer in harmoniously settling the dispute and putting an end to the litigation, and also

for saving the precious judicial time.

Sd/-

C.S.DIAS, JUDGE

DST/07 .04.22 {ffrue copy/

PA.To Judge

statement

2/4 : stat MACA No.2953/2014 (CA-2022-004510 ) _ BEFORE THE BONOuIRap p HIGH COURT OF KERALA AT P

Shyma & Others Appellants

Basheer K K & Others . Respondents

OINT STATEMENT FILED py THE APPEL T AND THE 3"

JOINT STATEMENT FILED py THE APPELLANT AND THE S--

RESPONDENT

wes

1. The above appeal is filed against the award in OP(MV} e No.69/2013 dated 29-04-2014 on the file of the Motor Accident Claims Tribunal, Kozhikode. The original petition is filed by the appellant claiming 'compensation in respect injuries caused to the deceased husband in a road traffic accident occurred on 08-07-2012 at about 7.00 a.m while the deceased was riding the:motor cycle bering Reg. No. KL- 11/T-9869 along the Koodaranhi road: and when he reached at Anayamkunnu a Jeep bearing Reg. No. KL-9/A-1260 came in a rash and negligent mannef and hit upon the motor cycle. The Tribunal had granted Rs.16,93,000/- as compensation along with interest @ 8% p.a from the date of te J claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since the 3 respondent had acimitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay

the compensation is on the 3% respondent. Hence the

fee for NATIONAL INSURANCE Q0 ito Lat S | oe

FSO VERIFIED - 15

3/4 MACA No.2953/2014 (CA-2022-004510 )

. statement

w 3

settiomient: is UTIVeEdd at t peered the appellant and the 3 at peewee

respondent

Appellants. .

Shyvana ope

Anamika(Mincr, D.0.B-31-97. 2908) represented by mother SHYRRT My.

Ananthika(Minor. D.O.B-18.09.2012} represented by

mother

Respondent No.3:- National Insurance Co.Ltd

2. The appellant above named and the 3% respondent have negotiated the matter out of court and willingly arrived at a compromise settlement in full and: final settlement of all the claims of the appellant against the respondent arising out of the accident and the original petition mentioned above. It is agreed that the 3" respondent insurance: company shall pay an additional amount of Rs,13,60,000/ {Rupees Thirteen Lakh Sixty Thousand Only) inclusive of all interest and cost to the appellant by way of full and final seitlement of all the claims of the

appellant against the 3% respondent.

3. The 3% respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from the date of receipt of a copy of the judgment from the Honourable High

Court, in case of defaultas stated above the 3 respondent is

lable to pay interest @ 8% from the date of default.

For NATIONAL INSURANCE CO. L{D.

Je ee Ss, - Auton $6 Signat "3 Sgr

FSO VERIFIED - 15

4/4 MACA No.2953/2014 (CA-2022-004510 )

statement

4. There is no ¢] Vv eat, Coerej or undue influence in arriving at

the above settlement.

This settlement will form part of the judgment of the Honourable

High Court of Kerala.

Dated this the 5 day of April, 2022