O.Leela vs Loriyan
2023 Latest Caselaw 13635 Ker

Kerala High Court

O.Leela vs Loriyan on 21 December, 2023

Author: Mary Joseph

Bench: Mary Joseph

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                            MACA NO. 923 OF 2022
    AGAINST THE AWARD DATED 03.12.2021 IN     OP(MV)NO.2390/2018 OF III
            ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM
APPELLANTS/PETITIONERS:

     1      O.LEELA,
            AGED 47 YEARS,
            W/O.N.SASIDHARAN,KAILAS BHAVAN,EZHIPPURAM,
            KADAMBATTUKONAM,PARIPPALLY VILLAGE,KOLLAM - 691574
     2      KAILAS.S.L.,
            AGED 19 YEARS,
            S/O.N.SASIDHARAN,KAILAS BHAVAN,EZHIPPURAM,
            KADAMBATTUKONAM,PARIPPALLY VILLAGE,KOLLAM - 691574

            BY ADVS.SRI.V.JAYAPRADEEP
                    SMT.ANN SUSAN GEORGE

RESPONDENTS/RESPONDENTS:

     1      LORIYAN,
            S/O.LAWRENCE, PUTHENAZHIKAMTHOPE VEEDU,34/101,KAKKATHOPPE
            MURI,ERAVIPURAM PO,MUNDAKKAL VILLAGE,KOLLAM - 691011.
     2      GEORGE,
            S/O.JOSEPH,VELIYIL VEEDU,VADAKKEKKARA,VALATHUNGAL,
            ILLAM NAGAR-246,ERAVIPURAM,KOLLAM - 691011.
     3      THE DIVISIONAL MANAGER,
            NEW INDIA ASSURANCE CO. LTD.,DIVISIONAL OFFICE,
            BEACH ROAD,KOLLAM.

            BY ADVS.SRI.LAL K.JOSEPH
                    SMT.RAJI T.BHASKAR

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY      ON 21.12.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 M.A.C.A.No.923 of 2022
                                     2




                            JUDGMENT

Dated this the 21st day of December, 2023

The appeal on hand is originated from an award passed by

III Additional Motor Accidents Claims Tribunal, Kollam (for short

'the Tribunal') on 03.12.2021 in O.P.(MV)No.2390/2018.

2. The appeal is filed by the legal representatives of

the deceased victim in a motor accident seeking for

enhancement of compensation.

3. During the pendency of the appeal, the matter has

been settled amicably among the parties and a joint memo of

settlement is filed. It is stated in the joint settlement memo

that a sum of `2,15,000/- was agreed to be paid as additional

compensation in full and final settlement of all claims raised by

the appellants in the appeal.

4. In the result, appeal is allowed for a sum of

`2,15,000/- (Rupees Two Lakhs Fifteen Thousand only) as

additional compensation, in full and final settlement of all

claims raised by the appellants in the appeal on hand. The 3 rd

respondent shall deposit the above sum within a period of two

months from the date on which a certified copy of this

judgment is received. In case of default, the 3 rd respondent

shall pay interest at the rate of 8% per annum from the date of

default.

The joint settlement memo shall also form part of this

judgment.

Sd/-

MARY JOSEPH JUDGE

MJL