Ashraf Ali.K vs K.V.Azeez
2023 Latest Caselaw 9590 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                          MACA NO. 209 OF 2020
 AGAINST THE AWARD IN OP(MV) NO.1451/2014 OF III ADDITIONAL MACT,
                                THRISSUR
APPELLANTS/RESPONDENTS:

    1        ASHRAF ALI.K
             KALIYATH HOUSE, ANGADITHAZHAM, CHAKKAMKANDAM,
             CHAVAKKAD P.O., THRISSUR DISTRICT-680506.

    2        NABEEL K A
             S/O. ASHRAF K, ANGADITHAZHAM, CHAKKAMKANDAM,
             CHAVAKKAD P O, THRISSUR DISTRICT-680506.

             BY ADVS.
             SHEJI P.ABRAHAM
             SRI.O.K.MURALEEDHARAN


RESPONDENT/PETITIONER:

             K.V.AZEEZ
             S/O. HYDROSEKUTTY, KULANGATH HOUSE,
             EDAKKAZHIYOOR P O, THRISSUR DISTRICT-680515.

             BY ADV
             BY ADV SRI.K.A.SREEJITH


     THIS    MOTOR   ACCIDENT   CLAIMS     APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA NO. 209 OF 2020
                                   2



                              JUDGMENT

This appeal is submitted by the respondents 1 and 2 in O.P.

(M.V.) No.1451/2014 on the files of IIIrd Additional Motor Accident

Tribunal, Thrissur. The aforesaid claim petition was filed by the

respondent herein seeking compensation for the injuries sustained to

him in motor accident occurred on 31.05.2014 in which serious

injuries were sustained to him. The accident occurred when the

bicycle ridden by the petitioner therein was hit by a Tata Sumo car

driven by the 2nd respondent therein and the said vehicle was owned

by the 1st respondent in the claim petition. The claim petition was

submitted seeking a total compensation of Rs.5,00,000/-.

2. The appellants appeared before the Tribunal and filed a

joint written statement, disputing the accident. It was also contended

that, the accident occurred due to the negligent riding of the bicycle by

the respondent. The evidence in this case consists of Exts.A1 to A11

from the side of the respondent and no evidence was adduced from the

side of the appellants herein. After the trial, the Tribunal passed MACA NO. 209 OF 2020

an award allowing a total compensation Rs.6,58,680/- along with

interest @ 9% per annum from the date of petition till the

realization. As vehicle was not covered with an insurance policy

the appellants were directed to deposit the said amount. This appeal

is submitted by them aggrieved by the aforesaid award.

3. Heard Sri.Sheji P.Abraham, the learned counsel for the

appellants and Sri.K.A.Sreejith, learned counsel appearing for the

respondent.

4. Today when the matter came up for consideration, both

the counsels have pointed out that, the disputes between the parties

have been settled, and a compromise petition has already submitted

before this Court as I.A. No.1/2023. As per the terms of the said

compromise, the parties have agreed to settle the claim, for a total

amount of Rs.5,00,000/- and the said amount is already paid to the

respondent by way of D.D. No.691588 drawn on Federal Bank Ltd.,

Chavakkad Branch dated 06.03.2023. In such circumstances, the

appeal is allowed, and the Award passed by the IIIrd Additional

Motor Accident Claims Tribunal, Trissur in O.P.(M.V.) MACA NO. 209 OF 2020

No.1451/2014, shall stand modified, by fixing the total

compensation as Rs.5,00,000/-, in tune with the terms of settlement

agreed between the parties.

The appeal is disposed of with the above directions.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs