Kerala High Court
Pushkala Kumari vs Frankilin on 23 September, 2024
2024:KER:70697
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
MACA NO. 3574 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 04.01.2021 IN OPMV
NO.708 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
THIRUVANANTHAPURAM
APPELLANTS:
1 PUSHKALA KUMARI
AGED 55 YEARS
W/O. LATE S. MOHANAN,
SREEHARI, PUTHUVUKAL PUTHEN VEEDU, CHERUVAIKAL,
SREEKARYAM P. O., THIRUVANANTHAPURAM DIST. - 695
017.
2 PRANAV P. MOHAN
AGED 30 YEARS
S/O. LATE S. MOHANAN,
SREEHARI, PUTHUVUKAL PUTHEN VEEDU, CHERUVAIKAL,
SREEKARYAM P. O., THIRUVANANTHAPURAM DIST. - 695
017.
3 MANEESH P. MOHAN
AGED 23 YEARS
S/O. LATE S. MOHANAN, SREEHARI, PUTHUVUKAL PUTHEN
VEEDU, CHERUVAIKAL, SREEKARYAM P. O.,
THIRUVANANTHAPURAM DIST. - 695 017.
BY ADVS.
SANTHOSH KUMAR G.S.
MUBEENA P.T
TOLY DAS
PRAMOD M.
MACA NO. 3574 OF 2021 2
2024:KER:70697
RESPONDENTS:
1 FRANKILIN
S/O. ALEXANDER, MAMOOTIL, INDANNOOR,
OTTASEKHARAMANGALAM, PARASSALA,
THIRUVANANTHAPURAM DIST. - 695 122.
2 AJI V.
S/O. VENU T., ALUVILA PUTHEN VEEDU, PAPPADU,
KACHANI P. O., VATTIYOORKAVU,
THIRUVANANTHAPURAM DIST. - 695 013.
3 CHOLA MS. GENERAL INSURANCE CO. LTD.
1ST FLOOR, SARAN CHEMBERS, DIAMOND HILL,
VELLAYOMBALAM, THIRUVANANTHAPURAM DIST. - 695 010.
BY ADV LINTO FRANCIS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 23.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 3574 OF 2021 3
2024:KER:70697
JUDGMENT
Dated this the 23rd day of September, 2024
The parties have filed a joint compromise memo dated
13.09.2024. The joint memo of compromise is taken on record.
Accordingly, the MACA is disposed of in terms of the joint
compromise between the parties. The 3 rd respondent is thus directed to
deposit an additional amount of Rs.50,000/- (Rupees Fifty Thousand
Only), within a period of two months from the date of receipt of a copy of
the judgment before the MACT in full and final satisfaction of all their
claims, failing which , the said amount shall carry interest at the rate of
8% per annum from the date of default.
The joint memo of compromise shall form part of this judgment.
Sd/-
EASWARAN S.
JUDGE
AJ
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Pushkala Kumari & 2 others Appellants
Frankilin & 2 others Respondents
JOINT MEMO OF COMPROMISE FILED BY THE APPELLANTS AND
THE 3rd RESPONDENT, M/S.CHOLA MS GENERAL INSURANCE CO
LTD.
I. The above appeal is filed against award dated 04-01-2021 in O.P(M. V.)No.
708/2017 of Motor Accidents Claims Tribunal, Thiruvanathapuram. This .
appeal is for challenging the quantum awarded in this Death case by the
Motor Accidents Claims Tribunal, Thiruvanathapuram in the original
petition.
2. The matter involved in the appeal has been settled between the parties. It is
agreed that the 3r~ respondent/Insurer· shall deposit an additional amount of
Rs.50,000/-(Rupees 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 their
claims against the other respondents and also 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 the 13 th day of September, 2024.
Appellants
1) ru.S'h k~lo. I<.\AtrQ'Yi ~
2)'P-ro..no.v 'P. M o ~ C l n ~
3) M~"'-. P. M,b r'},:.. J,[)
yd Respondent/Insurer Counsel for yd Respondent
Fer C ~ ~, o '"2 1.r:i l,1v General Insurance Co. ltd
........
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Achocatt
Valiyaparantil
Roll No: K-140/201\
Coe Mob-98090 •1•
