BY AD v. P.JACOB MATHEW

SMT.SREEKALA, AGED 52 YEARS, W/O.CHANDRAN PILLAI, KANNAMPALLI, KARIKKATHIL, ELICODU P.O, ELAMPAL, VILAKUDY, KOLLAM, PIN-691 322. (IMPLEADED AS PER ORDER DATED 08.02.2023 IN I.A.No.1/2023 ) APPELLANTS 1 AND 2 ARE NO MORE AND CLAIMANTS 3 & 4 (APPELLANTS 3&4) HAVE ATTAINED MAJORITY IS RECORDED AS PER ORDER DATED 28.02.2023 IN I.A.No.2/2023 IN MACA.No.1449 OF 2015 BY ADV SRI.ANCHAL C.VIJAYAN MACA.No.1449/2015 2 RESPONDENTS/RESPONDENTS: 1 2 3 4 THANGALKUNJU (DELETED), S/O.IBRAHIMKUTTY, PUNTHALA VADAKKETHIL, KOTTARAKKARA P.O, KOLLAM DISTRICT, PIN 691 506. RATHISH T.R, S/O.RAJENDRAN PILLAI, NIRMALA BHAVAN, KALLUMTHAZHAM MURI, KILIKKOLLOOR VILLAGE, KILIKKOLLOOR PO, KOLLAM DISTRICT, PIN 691 004. M/S.SHRIRAM GENERAL INSURANCE COMPANY LIMITED E 8, EPIP-RICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN, PIN 302 022. KRISHNAN KUTTY, S/O.KUNJUKRISHNA PILLAI, ROADARIKATHU VEEDU, VELLIMALA, EDAMON PO, THENMALA, PIN 689 681. *RESPONDENTS NO 1 AND 2 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 8/12/2017 IN IA 4571/17 IN MACA 1449/2015* BY ADVS. P.JACOB MATHEW MATHEWS JACOB (SR.) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No.1449/2015 3 JUDGMENT The appellants are the petitioners in O.P.(MV).No.13 of 2011 on the file of the Motor Accidents Claims Tribunal, Punalur. The said claim petition was submitted seeking compensation for the death of one Priya in a motor accident that occurred on 29.04.2010. Claim petition was submitted by the appellants seeking a total compensation of Rs.6,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.9,28,800/- and the 3rd respondent was directed to deposit the same along with interest at the rate of 9% per annum from the date of petition till realization. This appeal is submitted challenging the same.

2. Heard Sri.Anchal C.Vijayan, learned counsel for the appellant and Sri.P.Jacob Mathew, learned counsel for the 3rd respondent.

3. The appellant and the 3rd respondent had filed a joint settlement memo to the effect that the matter has been settled between the parties and as per the settlement the 3 rd respondent had agreed to deposit a further sum of Rs.11,30,000/- (Rupees eleven lakhs and thirty thousand only) MACA.No.1449/2015 4 inclusive of interest in full and final satisfaction of the claim of the appellant.

4. In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 22.12.2023, this appeal is disposed of modifying the award dated 28.11.2014 passed by the Motor Accidents Claims Tribunal, Punalur in O.P. (MV).No.13 of 2011 granting an additional amount of Rs.11,30,000/- (Rupees eleven lakhs and thirty thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the 3rd respondent Insurance Company within a period of 30 days from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 8% per annum from the date of default. The joint settlement memo will form part of the judgment. The apportionment of the additional compensation among the appellants 3 to 5 shall be made as agreed by the parties in the joint statement. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/12.1.24 MACA.No.1449/2015 5 APPENDIX OF MACA 1449/2015 PETITIONER ANNEXURES Annexure A Annexure B TRUE COPY OF THE DEATH CERTIFICATE OF B. SIVAN PILLAI - 2ND APPELLANT NO. DOO20323-2012212 DATED 01.01.2021 ISSUED FROM THE VILAKUDY GRAMA PANCHAYAT TRUE COPY OF THE DEATH CERTIFICATE OF LEELAMANI AMMA - 1ST APPELLANT NO. DOO40323-2022021525 DATED 19.02.2022 ISSUED FROM THE VILAKUDY GRAMA PANCHAYAT BEFORE THE HON'BLE I{IGH COURT OF KERALA, AT ERNAKULAM M.A.C.A. No. 1449 I Z0t5 _ A Leelamani Amma (died) and others Appellants Vs. Thangalkunju and others Respondents JOINT STATEMENT FILED I}Y THE APPELLAI\TS AND 3,-N RESPC'NDENT l. The above appeal is frled against the arvard dated 2g.1 1 .2014 in o.p. (MV) No.1 312011 on the fi1es of the M.A.G.T. punalur. The above original Petition u,as filed by the mother, father and minor children of Priya - rvho met u,ith a road trafiic accident on29.042010 and succumbed to the injuries due to the. rash and negligent clriving of the lorry bearin-e Reg. No. KL -2-jl 771 by the 2nd respondent. Husband of Pril'a is the 4tl'respondent in the original petition. Lorry No. I{L -251 771*-as insured with the 3,,1 respondent at the time of accident.

2. The learned Tribr-rn,l passed an ar^.ard fbr Rs.9,28,g00/- with 9% interest for the said amount riorr the date of application till realization and cost of Rs.9,500/-. As per the award, learned Tribunal fixed Rs.6,00,000/- with interest and cost as the equal share of petitioners 3 and 4, Rs.2,00,000/- rvith interest and cost equally among petiti<iners 1 and 2 andthe balance amount with interest and cost has been given to the 4tl, resp,ondent. fleeAlkt" Appellants: 1. Keerthi Krishna 2. Kishore Krishnan 3. Sreekala 4. I(rishnankufiy W- Respondent No.3: [-q_-- Anchal C. Vijayan ounsel tbr the Appellants ./-/- -- ----'.-:-:' Jac6b Mathew P' Shriram General Insurance Co. L nsel fbr 11r. 3t'cr Respondent For Shriram General lnsurance Co. Ltd. t_-

3. During the pendency of the appeal, 2"'r appellant died on 05 .12.2020 and 1't appellant on 26.01.2022.In addition to priya, appellants l and2 have another daughter- Sr:eekala. So, appellants 3 and 4 being the children of predeceased dar.rghter of appellants 1 and 2 along with Smt" Sreekala are the surviving legal representatives of appellants 1 and 2. So, Smt. Sreekala is impleaded as Addl. Appellant No.5 as per order in i,A. No. 1/2023. At the time of filing the original petition and appeal, appellants 3 and 4 were minors. Their rnajority is also recorded as per order in I.A. No. 2/2023. Now, appellants 3 to 5 and 4'l' respondent alone are entitled to get compensation lbr the death of Priya in the above appeal.

4. Since the 3"1 respondent lrad adrnitted the coverage of insurance policy in respect of the olfending r,,ehicle, the liability to pay the compensation is on the 3'''l respondent.

5. Appellar-tts 3 to 5 along with resnondent No. 4 negotiated the matter with the 3''l respondent - M/s. Shriranr General Insurance Cornpany Limited while it was listcd for settlement and u,illingly arrived at a compromise settlernent in full and f-inal settlement of-ali the claims of the appellants and 4'l' respondent against the 3'''lresponclent arising out of the accident and the original petition mentionecl above. Iq--- Anchal C. Vijayan Counsel tbr the Appellants AppellantE: 1. Keerthi Krishna !f:c.ifr.t 2. I(ishore t<rishnayb- 3. Sreel<ala fiz-/./l 4. I(rishnankuttyi@- Respondent No. 3: /:- .lacob Mathew P' Shriram General Insurance Co. Ltd. Counsel for the 3'''l Respondent For $hrlram Generat lnsurance Co. Ltd. ^i3 _ It is agreed that the respondent lierein shall pay an additional amount of Rs.11,30,000/- (Rupees eleven lakhs and thirty thousand only) inclusive of all interest and i;ost to appellants 3 to 5 and 4'h respondent by way of full and final settlement of all claims of the appellants and 4tl' respondent against tl're 3''1 respondent in the original petition and M.A.C.A. Following the ration of apporlionment done by the lear"ned Tribunal, appellants 3 to 5 and 4ttt respondent agreed that, out of Rs.1 I ,30,000/-, Rs.4.00,000/- (Rupees four lakl-rs only) each is to be given to appellants 3 and 4 - being the children of deceased Priya. Appellants 3 and 4 and Addl. Appellant No.5 are the sulviving legal representatives of appellants 1 and 2. l{s.2.00.000 (Rupees t'rvo lakhs only) is fixed as t1're share of appeliants 1 and 2 and the said amount is divided in trvo eqr-ral shares - one share is to be given to appellants 3 and 4 and the other share to ACdl. Appellant No. 5. So, appellants 3 and 4 each will get Rs.50,000,i- (Rupees filiy tl-rousand only) each as their share and Add1. 5t1' r:esponder-rt rvill get Rs.t,00,000/- (Rupees one lakh only) as her slrare being the legal representative of appellants 1 and 2. Rs.1,30,000/- (Rr,rpees one lakh thirty thousand only) is fired as the share o1 4tir resptrndent - husband of the deceased. Paities are unanimously agreed fbr the above mentioned apportionment. Appellants: 1. Keerthi Krishna *U4*t ' 2. Kishore Krishnani[f' 3. Sreel<ala yuffi 4. Krishnankutty Respondent No.3: Anchal C. Vijayan Counsel for the Appellants t-- /e;a€:*- " Jacob Mathewf- Shriram General Insurance Co. 1 fbr the 3'd Respondent For $hriram General lnsuance Co. Ltd. \

7. The 3'd respondent hereby agrees to transfer by way of NEFT/RTGS the above said amount of Rs.1 1,30,000/- as per the agreernent within a period of 30 da.vs tiorn the date of receipt of the copy of the jud-_ument tiom the Ilon'ble High Court, in the bank account of-the appellants (Rs.4,50.0001- each Lo appeilants 3 and zl. Rs.1,00,000i- to Addl. Appellant No.5 ancl Rs.1,3t1"000/- to 4tr' respondent). The appellants shall plovide the true copies of tl-re bank passbook to the respondent u,ithin l5 days of re:ceipt of copy of the judgnient fiom the Hon'ble tligh Clourt to efti;ct payment" ln an1. event the said alxount is not depositr:d as aforesaid, the amour-rt would carry interest @ 89'u p.a. f-rom the daii: of defar-rlt. There is no ri-n'eat, coercion ol undue inflLrence in an'iving at tl-re

8. above settlett'ient. There is uo ;.rristake in arriving at the settlernent either. We humbiy request this l-rirn'ble Court to recorcl this ioint statement and to pass a jndgment in ter'rns thereof. Dated on this therl-: day of Dec,:mber.2A23. ur.-\ Appellants:

1. Keerthi Krishna l{eert-VYti ILa,*--.: Anchal C. Vijayan

2. Kishore Krishna

3. Sreekala S 4. I(rishnankutty' lk-- &esponaent Xo. :: Counsel for the Appellants JL--=-==z- Jaco6Mathew P' Shriram General Insurance Co. Ltd. Counsel for the 3'd Respondent For Shriram General lnsurance Co. Ltd. *i;