Partly allowed

Fathima Beevi v. Shyla

Kerala HC24 Jan 2023MACA/2231/2018

Case brief

AI extract

What is this about?

In an appeal against the Motor Accidents Claims Tribunal's award, the High Court allowed the appeal in part. Recognizing an amiable settlement reached during the hearing, the Court enhanced the appellant's award to Rs.3.5 lakhs, adjusted against previously paid amounts.

What did the court decide?

Award enhanced to Rs.13,50,000/; Appellant to be paid Rs.3,50,000/-; 6% interest on additional amount if not deposited.

Fathima Beevi Vs Shyla — Motor Accident Claims | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

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MACA NO. 2231 OF 2018

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AGAINST THE AWARD IN OPMV 1188/2015 DATED 12.11.2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ALAPPUZHA

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APPELLANT/4TH RESPONDENT:

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FATHIMA BEEVI

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AGED 65 YEARS,W/O AZEEZ,HUSSAIN MANZIL,ERAVUKAD WARD,ALAPPUZHA WEST VILLAGE,ALAPPUZHA,(ADDRESS SHOWN IN THE CLAIM PETITION)APPELLANT'S CORRECT ADDRESS:-FATHIMA BEEVI,AGED 67 YEARS,W/O.ABDUL AZIZ,USAIBA MANZIL,PUNIYIL CHIRA,ERAVUKADU WARD,THIRUMPADY JUNCTION,ALAPPUZHA,NOW RESIDING AT HUSAIBA MANZIL,THRIUVAMPADY.P.O,ALAPPUZHA,PIN-688002.

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BY ADVS. SRI.SIRAJ KAROLY SRI.C.K.PREM RAJ

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RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 3:

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1 SHYLA AGED 41 YEARS,W/O.LATE SHAJI,884(31/261),USAIBA MANZIL,WARD NO.33,ALLEPPEY,RESIDING AT PANCHAYATH COLONY,ALISSERY,PUNNAPRA.P.O,ALAPPUZHA,(ADDRESS AS SHOWN IN THE CLAIM PETITION)RESPONDENT'S CORRECT ADDRESS:NOW RESIDING AT KURAVANTHODU,VANDANAM WARD,P.O.VANDANAM,ALAPPUZHA-688005.

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2 SHIJAS.S AGED 20 YEARS,S/O.LATE SHAJI.A,ALISSERY,PUNNAPRA.P.O,ALAPPUZHA. (ADDRESS AS SHOWN IN THE CLAIM PETITION)RESPONDENT'S CORRECT ADDRESS:NOW RESIDING AT KURAVANTHODU,VANDANAM WARD,P.O.VANDANAM,ALAPPUZHA-688005.

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3 JISHAMOL.S AGED 18 YEARS,D/O.LATE SHAJI,ALISSERY,PUNNAPRA.P.O,ALAPPUZHA.(ADDRESS

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MACA NO. 2231 OF 2018

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AS SHOWN IN THE CLAIM PETITION)RESPONDENT'S CORRECT ADDRESS:NOW RESIDING AT KURAVANTHODU,VANDANAM

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WARD,P.O.VANDANAM,ALAPPUZHA-688005.

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4 ORIENTAL INSURANCE CO.LTD. BRANCH OFFICE,KAYAMKULAM,MALIACKAL GALAXY OPP.MSM COLLEGE,KAYAMKULAM-690562.

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5 ANSHAD S/O NAZRUDHEEN,SHAMNAD MANZIL,PADA NORTH,KARUNAGAPALLY,KOLLAM DISTRICT,PIN:690518.

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6 SAFARULLA KURATTU MADAM PULLIYOOR VANCHI NORTH,SRP MARKET.P.O,KARUNAGAPPALLY,PIN-690518,(OWNER OF KL/02/V8181 INNOVA).

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 2231 OF 2018

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JUDGMENT

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There are various assertions, averments and allegations made and urged in this appeal against the impugned order of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV) No.1188/2015.

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The appellant is the mother of the victim of a motor accident occurred on 20.07.2015 at Alappuzha and says that she made a claim, along with her daughter-in-law and grandchildren ,for compensation, but it transpires that a settlement was drawn out, without her consent or concurrence, making it appear that she had agreed to settle the claim for a mere Rs.50,000/-. She explained that an Award is seen to have been granted at the instance of her daughter-in-law and grandchildren, wherein, she has been arrayed as a respondent; and recorded that she is entitled only to Rs.50,000/-, out of an amount of Rs.10,50,000/-, agreed to be paid as compensation by the Insurance Company. She says that she has not settled the claim nor signed the said Award; and therefore, that the Tribunal erred in disposing of her claim on such basis.

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Though I have recorded the essential facts, it would not

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be necessary to go into its merits now because, I record the great

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MACA NO. 2231 OF 2018

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appreciation that, after the exercise of an out of court settlement, the Insurance Company now offers Rs.3,00,000/- (Rupees Three lakhs only) over and above Rs.50,000/- earlier awarded to the appellant, in full and final settlement of her claim. The appellant agrees to this and it is so affirmed by Sri.Siraj Karoly - learned counsel for the appellant.

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Resultantly, in modification of the afore directions, I allow this appeal in part and order that the Award will stand enhanced to Rs.13,50,000/-. The apportionment of the same shall be revised as regards the appellant and she shall be paid a total of Rs.3,50,000/-, after adjustment of any amounts that have already been paid to her.

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It further goes without saying that, if the Insurance Company fails to deposit the amount additional awarded, it will carry interest at the rate of 6% per annum from the date of judgment till it is actually paid.

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Before I close, it will not be proper if I do not commend the efforts of Sri.A.R.George - learned Standing Counsel for the Insurance Company and Sri.Siraj Karoly – learned counsel for the appellant in arriving at an amiable settlement. I do so.

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Sd/- DEVAN RAMACHANDRAN, JUDGE

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lsn

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MACA NO. 2231 OF 2018

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PETITIONER'S EXHIBITS:

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ANNEXURE – A TRUE COPY OF ELECTION IDENTITY CARD OF THE APPELLANT.

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ANNEXURE-B TRUE COPY OF THE APPELLANT'S AADHAR CARD.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Fathima Beevi v. Shyla

Case brief

What is this about?

What did the court decide?

Fathima Beevi v. Shyla

Case brief

What is this about?

What did the court decide?

What the court decided

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