Kerala High Court
M.A. Sakeer vs Rugmani Amma P.N on 2 December, 2022
RN PRE ENGR CGUBT OF KERALA AT ERNARUILAN
PRESENT
THE HONOURABLE MR. JUSTICE SATRISH NIMAN
FRIDAY, ree 2°° pay OF DECEMBER 2022 / LITE AGRAHAYANA, 1944
MACA NO. 2325 oF 2048
AGAINST TRE JOOGMENT AND ANARD DRATED 28-2-5018 IN OPMY
399 /2016 OF MOTOR ACCIDENT CLAINS TRIBUNAL, MUVATTURUZRA.
BSPELLANS "RESSONDENT SO .S
M.A. SAREER, S/O. ABDUL RARMAN,
MSDATETPARANMSY ROUSE, VENNADA P.O. ;
ERNVANULAM ETSTRESE PIN - S82 O88.
RY ADY SRS .TACOR EB SIMON
RESPONDENT /PETIVIONER § RESPONDENT NO.1, 3.6 4
4 RUGMANT AMMA FN. W/O. AYYADPAN NAIR,
AGED SS YEARS KAMALAYALAM HOUSE,
ROTRAMANGALAM TALUS, EBNARULAM DISTRIOT ~ 68 692.
2 ROY C.K, 5/OQ. RURIAROSE,
CHAMARALAYER HOUSE, PALAMATTON KABA,
REERAMPARA VILLAGE, VELIVACHAL BHAGAM,
3 MS UNITED INDIA INSURANCE CO.LIR.,
THODUPUZHA BRANCH OFFIQE, PRAKASH BOUTLOING,
& NAZAR ,
S/O. ALEYAR, NOR MOTORS , VILOORRUNNAN
VILLAGE ,.MUVATTUBUSHA, ERNAKULAM, PIN ~ 886 66%.
BY ADV S CRYASRER FOS RS.
TITS MEYER ACCTOSWY CLAINS APPEAL EAWING COME U5
ADNTSSTON ON 62.12.9022, SHE comer GN TRE SAME DAY DELIVERE
SRE POLORTNG «
Sathish Ninan, J.
SOR BR 00D GOK POTD IOON SOS SOT LINN ONT UNA ANN ARTA OUTS UU ARN OO RID SOOKK DOO DOOD TOK DODD IDO GONE 2000 HOON GOTT NOH ODN
BeRy Ree Boek a290 2m cose seg water cae wan ney ANN an NY AN NN AOA SAN A A I OE TS OE ES
Dated this the 2" day of December, 2022
JUDGMENT
Pending the appeal, parties have settled the
disputes amicably. They have filed a joint memo
of settlement to the said effect. The terms of
settlement Rave been stated therein. A modified
award is passed in terms thereof. The joint memo
of settlement will form part of the judgment.
Sd/-
Sathish Ninan, Judge
amk
M.A.C.A No. 2325 of 2018
APPEMOTS BE MACK 28S (2048
PETITIONER ANNEXUBES :
Ammesxure Al Sorry OF po
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
M.LA.CLA. No. 2325/2018
(Against the award in OP(MYV) 392/2016 & MACT Muvattupuzha)
MA Sakeer ........c.c0000.-. Appellant
Vs.
Rugmani Amma PN & others ............ Respondents
JOINT MEMO FILED BY THE APPELLANT AND 3 RESPONDENT
1. The above appeal is filed against award in OP (MY) 392/2016 of Motor
Accident Claims Tribunal, Muvattupuzha. The above case is filed by the
appellant against the award of pay and recovery.
2. The appellant herein is the owner of the offending vehicle. Two claim
petitions were filed by the injured rider and pillion rider of a scooter before the
Hon'ble Tribunal. After considering evidence before the court, Hon'ble Tribunal
awarded an amount of Rs.i4500 to the pillion nder/claimant in OP (MV)
392/2016 and directed insurance company of the offending Motor cycle having
regen no. KL 7 AJ $837 to pay the amount and recover it from the owner of the
offending vehicle/ appellant herein since the driver of the Motor cycle was not
possessing Driving License. The matter came up before Hon"ble High court in
38. 10.22 and on suggestion of the court, the appellant and
espondent insurance company agreed to settle the matter. The appellant agreed
to pay and respondent insurance company agreed to accept, an amount of
Rs, 16240 towards full and final settlement in the above case. The appellant shall
give a Demand Draft in the name of 3° respondent ~-Regional Manager, United
India Insurance Co. Ltd. Emakulam, and 3" respondent shall drop the revenue
recovery proceedings in the name of the appellant herein. The appellant can
withdraw the amount deposited in court at the time of filing the appeal. After
allowing this compromise petition and after passing of final judgment in appeal
by Hon'ble High Court of Kerala, the appellant shall pay the said amount of
Rs. 16240 to the 3" respondent by way of Demand Draft within 30 days from the
date of receipt of copy of fudement of Hon ble High Court of Kerala and after
receipt of the Demand Draft by 3° respondent, 3" respondent shall take steps to
drop the revenue recovery proceedings against the appellant in the above case.
3. In the above circumstances, it is most humbly prayed that the above appeal
may be disposed of in terms of this compromise petition, making this compromise
petition, a part of final judgment.
Facts stated above are true and correct
Dated this | [email protected] af November 2022
Counsel for Appellant Appéllant
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Counsel for 3° Respondent 3 Respondent/ Insurer
