Kerala High Court
Rajamma vs Shihab.C.K on 22 January, 2025
MACA No. 3549 of 2016
1
2025:KER:17361
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 22ND DAY OF JANUARY 2025 / 2ND MAGHA, 1946
MACA NO. 3549 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 31.10.2014 IN OPMV NO.734 OF
2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR
APPELLANT/S:
1 RAJAMMA
AGED 66 YEARS, W/O.SUNDARAN, KIZHAKKELAN HOUSE,
KOOVAPPADY VILLAGE, KURICHILAKKODE KARA, KOOVAPPADY
P.O., ERNAKULAM DISTRICT 683544.
2 SINI
AGED 42 YEARS, D/O.SUNDARAN, KIZHAKKELAN HOUSE,
KOOVAPPADY VILLAGE, KURICHILAKKODE KARA, KOOVAPPADY
P.O., ERNAKULAM DISTRICT 683544.
3 SIJI
AGED 39 YEARS, D/O.SUNDARAN, KIZHAKKELAN HOUSE,
KOOVAPPADY VILLAGE, KURICHILAKKODE KARA, KOOVAPPADY
P.O., ERNAKULAM DISTRICT 683544.
4 SUJITH
AGED 37 YEARS, S/O.SUNDARAN, KIZHAKKELAN HOUSE,
KOOVAPPADY VILLAGE, KURICHILAKKODE KARA, KOOVAPPADY
P.O., ERNAKULAM DISTRICT 683544.
BY ADV SRI.T.K.SAJEEV
RESPONDENT/S:
1 SHIHAB.C.K.
S/O.KOHU, CHITTIYETHIL HOUSE, PANDIPUZHA BHAGOM,
CHENGAMANAD VILLAGE, CHENGAMANAD P.O., ERNAKULAM
DISTRICT, PIN-683578.
2 NAZAR
PARMANAKUDY HOUSE, CHENGAMANAD VILLAGE, THURUTHU,
MACA No. 3549 of 2016
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2025:KER:17361
CHENGAMANAD P.O., ERNAKULAM DISTRICT, PIN-683578.
3 THE NEW INDIA ASSURANCE CO. LTD.
KODAVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA,
ERNAKULAM DISTRICT, PIN-683101.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 22.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No. 3549 of 2016
3
2025:KER:17361
C.PRATHEEP KUMAR, J.
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MACA No. 3549 of 2016
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Dated this the 22nd day of January, 2025
JUDGMENT
The matter is settled.
Joint Statement filed is accepted. Appeal is disposed of as per the
terms of the Joint Statement. Joint Statement will form part of the Judgment.
Sd/-
C.PRATHEEP KUMAR
JUDGE
sjb/22-1-25
KERALA AT
BEFORE THE HON'BLE HIGH COURT OF
ERNAKULAM
M.A.C.A. No.35449 OF 2016
Appellants Rajamma and others.
Vs.
Respondents : Shihab.C.K and others.
JOINTSTATEMENT FILED BY THE APPELLANTS AND 3rd
RESPONDENT.
1. The above M.A.C.A is filed challenging quantum of Award passed
by the Motor Accident Clainms Tribunal Perumbavoor dated
31/10/2014 in O.P.(M.V).No.734 of 2008.
2. The original petition was filed by the original petitioner who was a
basifrontal dysfunction person represented by his wife and next
friend, claiming an amount Rs.9,50,000/-(Rupees Nine lakh fifty
thousand only) as compensation for in a Road Traffic Accident.
After nine months from the accident, during the pendency of the
original petition, the original petitioner died and his legal heirs, the
wife and children are impleaded as additional petitioners (appellants
herein). The deceases was riding his Motor cycle and when it reached
at the place of occurrence, the offending Tipper Lorry driven by the
lst respondent in a most rash and negligent manner had hit at the
motor cycle and there by the accident occurred. As a result of the
accident, the deceased sustained fatal injuries and after nine months
continuous treatments, he had succumbed to his injurics.The Hon'ble
Tribunal had granted Rs.7,75,830/- as compensation along with
interest @8% p:a frosAhsAat.gforiginal petition.
wa
oneomo) 9nsueaA eitn Por and on Behal of.
The New India A_auranco Company Ltd/
ENNAALAMAO
puly Atorney (s) Assuta n c e
-2
3. It is humbly submitted that the 1|" and 2nd respondents have not
appeared in the above appeal. Since the 3rd respondent insurer has
admitted coverage of insurance policy in respect of the offendino
vehicle, the liability to pay compensation is on the 3rd respondent
Hence the settlement is arrived at between the appellants and 30
respondent.
4. The appellants and the 3rd respondent have negotiated the matter out
of court and willingly arrived at a compromise settlement in full and
final settlement of all the claims of the appellants against the 3rd
respondent arising out of the accident and the original petition
mentioned above. It is agreed that the 3rd respondent shall pay an
additional amount of Rs 3,50,000/- (Rupees three lakhs and fifty
thousand only) inclusive of all interest and costs to the appellants by
way of full and final settlement of all the claims of the appellant
against the respondent.
5. The respondent hereby agrees to transfer by way of NEFT the above
amount of Rs 3,50,000/- (Rupees three lakhs and fifty thousand only)
within a period of 30 days from the date of receipt of the copy of the
judgment from the Hon'ble High Court, in the bank account of the
appellant. The appellants shall provide a true copy of their bank
passbook, Aadhaar card and Pan card to the respondent within 15
days of receipt of copyof the judgment from the Honble High Court
to effect payment. In any eyent the said amount is not
deposited as
aforesaid the amount would carry interest 8% p.a. from the
date 0
default.
For ond on Boholf oft.
to U no bna vo The New Indio Assurance f
ERNAAUL AMA0
Duly Consttuted Attoney (a)
-3
There is no threat, coercion or undue influence in arriving at the
6.
above settlement. There is no mistake in arriving at the settlement
either. We humbly request this Hon'ble Court to
record this joint
statement and to pass ajudgment in terms thereof.
Dated this the 2nd day of November, 2024.
Appellants:
I.Rajamma Adv.T.K.Sjeev.
(Counsel for the Appellants)
2. Sini
3.Siji
4.Sujith,
For and on Behalf of:
The New India Assurance Company Ltd.
3 Respondent: ERNAKULAM RO,
The New India Assurance Co.Ltd. Duly ConseituteAttorney (s) wIndia Assurannce
Adv.Thomas Mathew Nelimoottil
(Counsel for the 3rd Respondent)
