Kerala High Court
M/S.Cmj Granites vs Sudhamani.S on 25 March, 2019
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE SATHISH NINAN MONDAY, THE 25TH DAY OF MARCH 2019/4TH CHAITHRA, 1941 M.F.A.No.3 of 2019 (AGAINST THE ORDER DATED 11-10-2018 IN ECC No.322/2014 OF E.C.C., KOLLAM) APPELLANT/FIRST OPPOSITE PARTY: M/S.CMJ GRANITES, BUILDING NO.8/215, MARIYAPURAM P.O., IDUKKI DIST, KERALA, REPRESENTED BY ITS MANAGING PARTNER, M/S. CMJ GRANTIES, BUILDING NO.8/215, MARIYAPURAM P.O., IDUKKI DIST, KERALA 685 602. BY ADV. SRI.V.KRISHNA MENON RESPONDENTS/APPLICANTS & OPPOSITE PARTIES 2 TO 4: 1 SUDHAMANI.S, W/O SURENDRAN (LATE), SUDHAVILASOM, NEAR KUNNATHUKAVU TEMPLE, THEKKEVILA, ERAVIPURAM, KOLLAM-11. 2 SUMESH.S, S/O SURENDRAN (LATE), SUDHAVILASOM, NEAR KUNNATHUKAVU TEMPLE, THEKKEVILA, ERAVIPURAM, KOLLAM-11. 3 THE MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD, COCHIN 682 009. 4 A.SHIHABUDEEN, FM CRUSHER UNIT, VILAVOORKONAM P.O., KALLUVATHUKKAL, KOLLAM - 691 578. 5 P.B.JOSE, PUNNORPPALLILIL HOUSE, NEDUNGAPRA P.O., PERUMBAVOOR, ERNAKULAM 686 545. BY ADVS. SRI . PRATHEESH . P SRI.LATHEESH SEBASTIAN SRI.R.MOHANA BABU SMT .S .SEETHA SRI.M.AJITH (KARICODE) THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A.No.3 of 2019 JUDGMENT
A compromise has been arrived at between the appellant, who is the first opposite party and the claimants, who are respondents 1 and 2 in the appeal. As per the compromise, the claimants are entitled to withdraw the amount of Rs.4,42,740/- (Rupees four lakh forty two thousand seven hundred and forty only), which is in deposit before the E.I. Court, Kollam. It is further agreed that the claimants have no further claim in the matter.
The compromise is recorded. The Regular First Appeal is disposed of in terms of the compromise. The joint memo dated 15.3.2019 will form part of the M.F.A.No.3 of 2019 judgment. The order E.C.C.No.322/2014 will stand modified accordingly. Sd/-
SATHISH NINAN JUDGE ss \\ Presented on:-1$.03.2019 \ BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM \ AN M.F.A. (ECC) NO. 3 OF 2016 \ M/s C.M.J. Granites : Appellant Vs. Sudhamani S. & others : Respondents JOINT MEMO FILED BY APPELLANT AND RESPONDENTS 1 AND 2 wh he r Rosh? ab P 4 @ ae peadd < it Lokpr yy + "guard QR jc " Leys Adv: V. Krishna Menon (K-92)-K/873/90 COUNSEL FOR THE APPELLANT , BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM M.F.A. (ECC) NO. 3 OF 2014 M/s C.M.J. Granites : Appellant Vs. Sudhamani S. & others : Respondents JOINT MEMO FILED BY APPELLANT AND RESPONDENTS 1 AND 2 It is respectfully submitted that the dispute raised in the above appeal has been amicably settled between the appellant and the respondents 1 and 2 namely the applicants before the Employees Insurance Court, Kollam in ECC No.322/2014 whereby on the appellant withdrawing the above appeal the respondents 1 and 2 shall be allowed to receive the amount of Rs.4,42,740/- (Rupees four lakhs fourty two thousand seven hundred and fourty only) deposited by the appellant before the EI Court, Kollam and that respondents 1 and 2 have no further claim against the appellant in respect of the alleged accident. in the light of the settlement arrived at between the parties it is further agreed that the order of the Employees Insurance Court in ECC No.322/2014 ,be set aside. Dated this the 15" day of March, 2019 Ze bet ON-¥ ob Se --
Managing Partner Sudhamani S. For M/s.CMJ Granites SE. Ss.
oe | Ee "FRAT ve on \? i<REauvn Uien on paves Counsel for the appellant Counsel for the Respondents 1 & 2 PRATHEESH .P Roll. No: K/1448/01 ADVOCATE High Court of Kerala