Rajeesh P vs Shafi M.S
2023 Latest Caselaw 11508 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MRS. JUSTICE MARY JOSEPH
   WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                        MACA NO. 2487 OF 2023
  AGAINST THE AWARD DATED 01.06.2023 IN O.P(M.V)NO.69/2019 OF II
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL/III ADDITIONAL DISTRICT
                           JUDGE, KOZHIKODE
APPELLANT/PETITIONER:

          RAJEESH P, AGED 46 YEARS,
          S/O. (LATE) BALAN, RESIDING AT PUNATHIL HOUSE,
          3/1670, VASANTHA BHAVAN , P.O NADAKAVU,
          KOZHIKODE - 673 011
          BY ADVS.SMT.A.D.DIVYA
                  SRI.SABIN BABU
                  SMT.NAVYA SONY


RESPONDENTS/RESPONDENTS:

    1     SHAFI M.S,
          S/O. MOHAMMED SALI, AGE NOT KNOWN,
          RESIDING AT SUNITHA MANZIL, KALLIYODE, PANAVOOR P.O,
          ANAD, NEDUMANGADU, THIRUVANANTHAPURAM - 695 551
    2     ANEES,
          S/O. ABDUL ALI, AGED 42 YEARS,
          RESIDING AT KOORIMANNAIL, MELEMANNIL, ANAKKAYAM.PO,
          MALAPPURAM - 676 509
    3     UNITED INDIA INSURANCE CO. LTD
          REP. BY ITS BRANCH MANAGER, MICRO OFFICE : KP111/1093,
          CITY CENTRE BY PASS ROAD, KONDOTTY, MALAPPURAM - 673638


          ADV. SRI.P K MANOJ KUMAR, SC


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.2487 of 2023

                                2




                           JUDGMENT

Dated this the 08th day of November, 2023

The appeal on hand is originated from an award

passed by II Additional Motor Accidents Claims Tribunal,

Kozhikode (for short 'the Tribunal') on 01.06.2023 in O.P

(M.V) No.69/2019. The appellants are petitioners before

the Tribunal.

2. During the pendency of the appeal, the issues

involved were settled among the parties amicably and a

joint memo is filed, signed by themselves and their

respective counsel.

3. In the joint memo, the 3rd respondent has

agreed to pay a sum of ₹40,000/- (Rupees Forty thousand

only) (inclusive of interest) within two months from the on

which, copy of the judgment that would be passed on the

basis of the joint memo is received, failing which the 3 rd M.A.C.A.No.2487 of 2023

respondent has also agreed to pay interest at the rate of

8% per annum from the date of default.

4. In the result, appeal is allowed and a judgment

is passed for Rs.40,000/- (Rupees forty thousand only)

(inclusive of interest). The 3 rd respondent shall pay the

compensation arrived at in favour of the appellant within

two months' from the date of receipt of a certified copy of

this judgment. In case of default, 3 rd respondent shall

also pay interest at the rate of 8% per annum from the

date of default.

Joint memo will also form part of this judgment.

Sd/-

MARY JOSEPH JUDGE NAB