Kerala High Court
Sobha Saji vs Ramesan.T.K on 13 January, 2022
MACA NO. 1863 & 1697 OF 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
MACA NO. 1863 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPMV 357/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,PATHANAMTHITTA
APPELLANT/S:
1 SOBHA SAJI,
AGED 49 YEARS
W/O. LATE SAJI CHERIYAN, MULAVANA PUTHEN VEEDU,
PALIKKARA, THIRUVALLA P.O., PIN - 689 101
2 STEFFI SAJI
AGED 24 YEARS
D/O LATE SAJI CHERIYAN, RESIDING AT MULAVANA PUTHEN
VEEDU, PALIKKARA, THIRUVALLA P.O., PIN - 689 101
3 STEENA SAJI
AGED 21 YEARS
(DOB 18.01.1998), D/O. LATE SAJI CHERIAN, RESIDING AT
MULAVANA PUTHEN VEEDU, PALIKKARA, THIRUVALLA P.O., PIN
- 689 101
4 STEEVO SAJI
AGED 19 YEARS
S/O LATE SAJI CHERIYAN, RESIDING AT MULAVANA PUTHEN
VEEDU, PALIKKARA, THIRUVALLA P.O., PIN - 689 101
* 5 CHERIAN JOSEPH
AGED 96 YEARS
S/O LATE JOSEPH, RESIDING AT MULAVANA PUTHEN VEEDU,
PALIKKARA, THIRUVALLA P.O., PIN - 689 101 (DIED)
(APPELLANTS 1 TO 4 ARE RECORDED AS LEGAL HEIRS OF
DECEASED 5TH APPELLANT AS PER ORDER DATED 15.01.2020
IN MEMO DATED 01.01.2020)
MACA NO. 1863 & 1697 OF 2019
2
BY ADVS.
VARGHESE C.KURIAKOSE
SHRI.SUSANTH SHAJI
RESPONDENT/S:
RAMESAN.T.K.,
S/O NARAYANANKUTTY, UDAYAM (MANGATTUPARAMBIL) HOUE,
NEAR GURU MANDIRAM, NIRANAM P.O., KADAPRA, THIRUVALLA,
PIN - 682 621
BY ADVS.
SRI.R.GIREESH VARMA
SRI.V.K.NANDAKUMARAN
SHRI.MAHENDRA KUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 13.01.2022, ALONG WITH MACA.1697/2019, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 1863 & 1697 OF 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
MACA NO. 1697 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPMV 357/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,PATHANAMTHITTA
APPELLANT/S:
RAMESAN.T.K.
AGED 45 YEARS
S/O.NARAYANANKUTTY, UDYANAM (MANGATTUPARAMPIL) HOUSE,
NEAR GURUMANDIRAM, NIRANAM P.O., KADAPRA, THIRUVALLA,
PIN- 682621.
BY ADVS.
CHERIAN GEE VARGHESE
SRI.P.HARIDAS
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
SRI.RISHIKESH HARIDAS
RESPONDENT/S:
1 SOBHA SAJI,
AGED 48 YEARS
W/O.LATE SAJI CHERIAN, RESIDING AT MULAVANA PUTHEN
VEEDU, PALIAKARA, THIRUVALLA P.O., PIN- 689101.
2 STEFFY SAJI,
AGED 24 YEARS
D/O.LATE SAJI CHERIAN, RESIDING AT MULAVANA PUTHEN
VEEDU, PALIAKARA, THIRUVALLA P.O., PIN- 689101.
3 STEENA SAJI,
AGED 21 YEARS
D/O.LATE SAJI CHERIAN, RESIDING AT MULAVANA PUTHEN
MACA NO. 1863 & 1697 OF 2019
4
VEEDU, PALIAKARA, THIRUVALLA P.O., PIN- 698101.
4 STEEVO SAJI,
AGED 19 YEARS
S/O.LATE SAJI CHERIAN, RESIDING AT MULAVANA PUTHEN
VEEDU, PALIAKARA, THIRUVALLA P.O., PIN- 698101.
5 CHERIAN JOSEPH,
AGED 96 YEARS
S/O.LATE JOSEPH, RESIDING AT MULAVANA PUTHEN VEEDU,
PALIAKARA, THIRUVALLA P.O., PIN- 698101.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SHRI.SUSANTH SHAJI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 13.01.2022, ALONG WITH MACA.1863/2019, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 1863 & 1697 OF 2019
5
JUDGMENT
The learned counsel appearing for the parties submit that
the subject matter in dispute in the two appeals has been settled
in the mediation proceedings conducted in the Ernakulam
Mediation Centre (High Court Hall) and the parties have signed
the memorandum of agreement dated 20.12.2021 which is also
counter signed by the respective counsel.
2. I have perused the memorandum of agreement and find
the same to be in accordance with law.
In the result, the appeals are allowed in terms of the
memorandum of agreement dated 20.12.2021, which shall form
part of the judgment.
Sd/-
C.S.DIAS
JUDGE
rkc
BEFORE THE HONOURABLE HIGH COURT 0F KERALA
AT ERNAKULAh4
M.A.cA.NO.i697#Oi9 & MACA.NO.i863raoi9
Ramesan T.K. Appellant
Vs.
Sobha Saji and others Respondents
MEMORANDUM OF AGREEMEr`IT UNDER SECTION 89 OF THE CODE
a OF CIVIL PROCEDURE R/W RULE 24 0F THE CIVIL
PROCEDURE (ALTERNATE DISPUTE RESOLUTION) RULE.S. 2008
The parties above named beg to submit as follows:
a The appellant in MACA No.1697/2019 is the sole respondent in O.P. (M.V.)
No.357/2015 on the files of Motor Accidents Claims Tribunal, Pathanamthita. The
respondents herein are the claimants in the above O.P. (MV) and the said O.P.
(M.V.) was filed by the respondents in MACA No.1697/2019 seeking
compensation on account of the death of Shri. Saji Cherian. The leaned Tribunal
r\ as per award dated 04.01.2019 awarded a total amount of Rs.11,84,672/- with
r, interest @ 90/o per annum from the date of petition till the date of realization as
compensation. The appellant herein had filed MACA No.1697/2019 challenging
the correctness of the award and the claimants have also filed an appeal as MACA
No.1863/2019 for enhancement of compensation. Subsequent to the filing of the
appeals, the 5th original petitioner, Shri Cherian Joseph had expired.
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Kerala State Mediation and Conciliation Centre
High Court of Kerala
Kochi -682 031
The aforesaid appeals were referred to mediation for resolving the disputes
between the parties. In the course of mediation, they have resolved their dispute
and have agreed to the following terms and conditions:-
(1) The appellant in MACA No.1697/2019 have agreed to pay an amount of
Rs.8,55,000/- towards the award amount and the respondents have agreed to accept
the same as a full and final settlement.
(2) Out of the total amount agreed, an amount of Rs.3 lakhs has been handed
1 over by the appellant to the respondents on 09.09.2021 and the same has been
accepted by the respondents.
(3) Out of the total amount agreed, an amount of Rs. 1,30,000/- has been
. handed over by the appellant to the respondents on 20.10.2021 and the same has
also been accepted by the respondents.
(4) Out of the total amount agreed, an amount of Rs. 2,00,000/- has been
handed over by the appellant to the respondents on 18.11.2021 and the same has
also been accepted by the respondents.
(5) Out of the total amount agreed, an amount of Rs. 1,00,000/- has been
r) handed over by the appellant to the respondents on 15.12.2021 and the same has
also been accepted by the respondents.
(6) Out of the total amount agreed, the appellant has today on 20.12.2021
handed over an amount of Rs. 1,00,000/- to the respondents. The appellant for the
purpose of prefeITing MACA No.1697/2019 have deposited an amount of
Rs.25,000/- before the Motor Accidents Claims Tribunal, Pathanamthitta on
24.04.2019. The appellant hereby permits the respondents to file necessary
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application before the Tribunal for releasing the said amount with interest to the
bank account of the lst original petitioner in the O.P.(M.V.), namely Smt. Sobha
Saji and the appellant herein gives his unconditional consent for the same. The
appellant also agrees that he will not raise whatsoever claim for the said amount in
the future also. On receiving the said amount by the respondents, the appellant
have completely discharged the entire liability as agreed between the parties and
the respondents have accepted the same before the Mediation Centre.
a (7) Having received the entire amount, the respondents have agreed that they
will not further prosecute the Execution Petition filed as E.P. No. 16/2019 before
the MACT, Pathanamathitta and they have agreed that they will file `Not press
r` Memo" before the Execution court recording that the award has been satisfied in
its entirety.
(8) The respondents have also agreed that they will file an application before the
MACT, Pathanamathitta in E.P.No.16/2019 for lifting the attachment of the
property of the appellant. which was ordered by the Tribunal in the original side
since the award has been satisfied.
(9) Since the entire disputes have been settled between the parties before the
Mediation Centre, there will be an exemption for the payment of the entire court
fee payable and the parties have also agreed in the same manner.
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In view of the aforesaid agreement entered into between the parties, the
parties pray that MACA No.1697/2019 and MACA No.1863/2019 be disposed of
in terlns of the aforesaid agreement.
Dated this the 20th day of December, 2021.
Em:in.-.-..`
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We, the parties above named, do hereby solemnly state
and declare that what is contained in paragraphs 1 to 9 are
true to the best of our knowledge, information and belief.
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