Kerala High Court
Sharmila vs Jotheendran M.K on 13 September, 2024
2024:KER:70439
M.A.C.A. No. 1482 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
MACA NO. 1482 OF 2022
AGAINST THE AWARD DATED 17.12.2014 IN OP(MV) NO.553
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANTS/PETITIONERS:
1 SHARMILA,
AGED 45 YEARS, W/O. RADHAMADHAVAN,
(W/O. DECEASED), RESIDING AT VEYILIL HOUSE,
THODIYIL, P.O. BEACH, VELLAYIL ROAD,
KOZHIKODE-673 032.
2 SHARON T.,
AGED 25 YEARS, S/O. LATE RADHAMADHAVAN,
(S/O. DECEASED), RESIDING AT VEYILIL HOUSE,
THODIYIL, P.O. BEACH, VELLAYIL ROAD,
KOZHIKODE-673 032.
3 DILNA T.,
AGED 23 YEARS, D/O. LATE RADHAMADHAVAN,
(D/O. DECEASED), RESIDING AT VEYILIL HOUSE,
THODIYIL, P.O. BEACH, VELLAYIL ROAD,
KOZHIKODE-673 032.
4* KARTHYAYANI (DIED)
AGED 89 YEARS, W/O. LATE VELAYUDHAN,
(M/O. DECEASED), THODIYIL, P.O. BEACH, VELLAYIL
ROAD, KOZHIKODE-673 032.
(DEATH OF THE 4TH APPELLANT IS RECOREDED AS PER
ORDER DATED 16.08.2024 IN MEMO DATED 26/06/2024
IN MACA 1482/2022)
BY ADVS.
SRI. K.M.JAMALUDHEEN
SMT. LATHA PRABHAKARAN
2024:KER:70439
M.A.C.A. No. 1482 of 2022
2
RESPONDENTS/RESPONDENTS:
1 JOTHEENDRAN M.K.,
S/O. SHEKARAN, MUKVANKANDI HOUSE, PUTHIYAPPA,
ELATHUR P.O. PUTHIYANGADI, KOZHIKODE-673 303.
2 PRADEESH A.,
AGED 38 YEARS, S/O. PRABHAKARAN,
ARAKKINATTU HOUSE, P.O. ARAKKINAR,
ERAMULLADAN VAYAL, NORTH BEYPORE,
KOZHIKODE-673 015.
3 SHRIRAM GENERAL INSURANCE COMPANY LIMITED,
E-8, RICO INDUSTRIAL AREA, SITA PURA JAIPUR,
RAJASTHAN-302001, REPRESENTED BY ITS MANAGER.
BY ADV
SRI. LINTO FRANCIS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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M.A.C.A. No. 1482 of 2022
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JUDGMENT
The appellants are the claimants in O.P.(MV) No.553
of 2014 on the file of the Principal Motor Accidents Claims
Tribunal, Kozhikode. The said claim petition was filed by the
appellants herein, claiming an amount of Rs.25,00,000/- as
compensation in respect of death of Radhamadhavan in a
motor accident on 11.12.2013. The Tribunal awarded an
amount of Rs.11,34,473/- as compensation under different
heads, directing the third respondent insurer to deposit the
said amount within 30 days along with interest at the rate of
8% per annum from the date of award. Being dissatisfied with
the quantum of the compensation awarded, the appellants
have come up with this appeal.
2. Today, when the matter came up for
consideration, the learned counsel for the appellants as well
as the 3rd respondent insurer submitted that the matter has
been settled between the parties and a joint memo of
compromise dated 07.09.2024 has been filed, wherein it is
stated that the third respondent-insurer, agreeing to deposit
2024:KER:70439
an additional amount of Rs.8,50,000/- (Rupees Eight lakh
fifty thousand only) before the MACT in full and final
satisfaction of all their claims in the above case as
compensation inclusive of all, within two months from the
date of receipt of the judgment of this Court, failing which the
said amount will carry 8% interest from the date of default.
The appellants relinquishes their claim for the balance amount
and also their claims against the other respondents and
undertakes that there is no threat,k coercion or undue
influence in arriving at the above settlement.
3. In the light of the joint memo of compromise filed
by the parties, the impugned award is modified by directing
the 3rd respondent insurer to deposit an additional amount of
Rs.8,50,000/- (Rupees Eight lakh fifty thousand only) before
the MACT in full and final satisfaction of all their claims in the
above case as compensation inclusive of all, within two
months from the date of receipt of the judgment of this
Court, failing which the said amount will carry 8% interest
from the date of default.
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The appeal is disposed of, in terms of the joint memo of
compromise as above. The joint memo of compromise will
form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
BEFORE THE HONOURABLE IDGH COURT OF KERALA AT
ERNAKULAM
MACA No. 1482 of2022
Sharmila & 3 others Appellants
Jotheendran & 2 Others Respondents
JOINT MEMO OF COMPROMISE FILED BY THE APPELLANTS AND
THE 3~ RESPONDENT, M/S.SHRIRAM GENERAL INSURANCE CO
LTD.
1. The above appeal is filed against award dated 17-Dec-2014 in
O.P(M.V.)No.553/2014 of Motor Accidents Claims Tribunal, Kozhikode.
This appeal is for challenging the quantum awarded in this Death case by
the Motor Accidents Claims Tribunal, Kozhikode in the original petition.
2. The matter involved in the appeal has been settled between the parties. It is
agreed that the 3n1 respondent/Insurer shall deposit an additional amount of
Rs.8,50 ,000/-(Rupees Eight Lakh Fifty Thousand Only) before the MACT
in full and final satisfaction of all their claims in the above case as
compensation inclusive. of all, within two months from the date of receipt
of the judgment of this Honourable Court, failing which the said amount
will carry 8% interest from the date of default.
3. The Appellants relinquishes their claim for the balance amount and also
their claims against the other respondents and undertakes that there is no
threat, coercion or undue influence in arriving at the above settlement.
4. In the circumstances, the above appeal may be disposed in terms of this
joint memo of compromise, making this as part of the final order.
Facts stated above are true and correct.
Dated the1'\ y of ~J u, 2024.
Appellants
Counsel for Appe Ian s ..
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;)).S HARON - ~- .
• DILN A · f
3 Respondent/Insurer
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AuthoriNd...-,Y Valiyaparambil
RoU No: K-140/2011
Mob-98090 . ,l41
