Kerala High Court
Biju R vs Vivekanandan on 16 April, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
MACA NO. 3694 OF 2019
i
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 1672 DAY OF APRIL 2025 / 26TH CHAITHRA, 1947
MACA Ni 694 OF 2019
AGAINST THE COMMON AWARD DATED 14.12.2018 IN OPMV NO.99
OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR
PELLANTS/PETITI RS:
1 BIJU R,
AGED 40 YEARS
§/0.RAJAN, CHARUVILA VEEDU, CHEMMANNU MUGAL,
VAYALA P.O., KOTTUKKAL VILLAGE.
2 ATHIRA,
AGED 13 YEARS
D/O.ANITHA, CHARUVILA VEEDU, CHEMMANNU MUGAL,
VAYALA P.0., KOTTUKKAL VILLAGE, MINOR REPRESENTED
BY HER FATHER AND NEXT FRIEND THE 1°" PETITIONER.
3 VISHNU,
S/O.BIJU, CHARUVILA VEEDU, CHEMMANNU MUGAL,
VAYALA P.O., KOTTUKKAL VILLAGE, MINOR REPRESENTED
BY HIS FATHER AND NEXT FRIEND THE 1°7 PETITIONER.
4 SUMATHY,
AGED 56 YEARS
PUTHATTIL VEEDU, CHEMMANUMUGAL, VAYALA P.0.,
KOTTUKKAL VILLAGE.
BY ADV SEBIN THOMAS
MACA NO. 3694 OF 2019 .
2
RESPONDENTS/RESPONDENTS:
1 VIVEKANANDAN,
ABHISHEKAM, AGASTHIACODU, ANCHAL P.0.,
PIN- 691306.
2 ANIMON,
S/O.SATHYADEVAN, ANI BHAVAN, AREEPLACHY P.O.,
KURUVIKONAM- 691306.
3 THE MANAGER,
SHRIRAM GENERAL INSURANCE CO.LTD., AZAD BUILDING,
AMMANCOVIL ROAD, ERNAKULAM- 682011.
BY ADV JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 16.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 3694 OF 2019
M.A.C.A. No.3694 of 2019
Dated this the 16" day of April, 2025
JUDGMENT
When the case was taken up, it was submitted that the
parties have arrived at a settlement. A joint statement has also
been filed.
In view of the joint statement and settlement between
the parties, this appeal is disposed of in terms of the joint
statement. The parties shall abide by the undertakings in the
joint statement. The joint statement shall form part of this
judgment. -
Sd/-
T.R.RAVI
JUDGE
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BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
MACA No, 3694 /2019
BUU.BR & 3 OTHERS : APPELLANTS/CLAIMANT.
VIVEKANANDAN & 2 OTHERS : RESPONDENTS
JOINT STATEMENT FILED BY THE APPELLANTS AND THE THIRD RESPONDENT
1) The above appeat is filed from the judgment in OP(MV) 99/2015 on the file of Motor
Accidents Claims Tribunals, Punalur, The court below passed an Award for an ammount of Rs.
13,31,900/-
2). Being aggrieved by the award, the Appellant/Claimant has filed this Appeal before this
Hon'ble Court for enhancement of the compensation. During the pendency of this Appeal,
the matter has been settled between the appellant and the insurer of the offending vehicle,
the 3 Respondent. The 3" Respondent, the insurer agreed to pay further amount of Rs.
8,75,000/-including interest as additional compensation in the above Appeal.
3) The 3" Respondent hereby agrees to transfer the above amount of Rs. 8,75,000/-(Rupees
Eight Lakh and Seventy five Thousand only) to the account of the Appellant within a period
of two months from the date of receipt of the copy of the judgment from the Hon'ble High
Court of Kerala and if faiting in which the said amount will carry interest at 9% from the date
of default.
4) There is no threat, collusion, coercion or undue influence in arriving at the above
settlement. There is no mistake in arriving at this settlement either.
Dated this the 26" day of March 2025. °
For Shriram General Insurance Co. Lid.
APPELLANT : 3° RESPONDENT Ne yi
wt A
1, BHU B yn B SHRIRAM GENERAL Authorised Signatory
INSURANCE CO.LTD.
2. visxnu Vishvn vy
3. ATHIRA Artin irs.
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4. SUMATHY POE -- COUNSEL FOR THE
: Ge 984
3" RESPONDENT.
COUNSEL FOR THE APPELLANT
Koll rie K/512.] 2609
cad
