IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 MACA.No. 370 of 2011 ------------------------------------ OPMV.1379/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS: --------------------------------------------- 1. VATTIPARAMBIL ASMABI, W/O.LATE THATTARAKUDI VILAYIL NOOH, ALIAS SURESH BABU,VATTIPARAMBIL HOUSE, PULIMUNDA, POST POOKOTTUMANNA, CHUNGATHARA VILLAGE, NILAMBUR,MALAPPURAM DISTRICT. 2. HOUSHANA (MINOR), D/O LATE THATTARAKUDI VILAYIL NOOH,ALIAS SURESH BABU,REPRESENTED BY GUARDIAN AND NEXT FRIEND MOTHER VATTIPARAMBIL ASMABI. 3. ANNA (MINOR),D/O.LATE THATTARAKUDI VILAYIL NOOH,ALIAS SURESH BABU,REPRESENTED BY GUARDIAN AND NEXT FRIEND, MOTHER VATTIPARAMBIL ASMABI. BY ADV. SRI.SUNIL KUMAR A.G SRI.R.SUDHEESHKUMAR RESPONDENTS/RESPONDENTS: --------------------------------------------------- 1. M.K.ANVAR SADATH,S/O UNNI KAMMU, MULAYAMKAYI HOUSE, 1st MILE,DEVARSOLA ROAD, GUDALLOOR, TAMILNADU (DRIVER)-643 207. 2. SHAIK MUBARAK,S/O.SHAIK DAWOOD, 78,SAVARI MUTHU STREET,CHENNAI,TAMIL NADU (OWNER) 600 001. 3. UNITED INDIA INSURANCE CO.LTD GUDALLOOR,TAMIL NADU (INSURER0-643 211. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/04/2011, ALONG WITH WPC NO.11020 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.370 OF 2011 & W.P.(C)No.11020 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of April 2011 JUDGMENT Basheer, J. These two cases are being disposed of through this common judgment, since they are closely inter connected. 2. Petitioner in the writ petition is admittedly the first wife of one Nooh @ Suresh Babu who died in a road traffic accident in April 2005. It appears that respondents 2 and 3 in the writ petition, who are the second wife and child of late Nooh, filed a petition under Section 166 of the Motor Vehicles Act as M.A.C. No. 842/05 before the Motor Accidents Claims Tribunal, Manjeri seeking compensation from the owner, driver and insurer of the offending vehicle. The claim petition was settled between the parties, as the insurance company agreed to pay a sum of Rs.2,30,000/- towards compensation with interest @ 6% from the date of the award. 3. It is on record that the first wife and two minor children of deceased Nooh had also instituted a claim petition before the same Tribunal as O.P.(MV) 1379/05 seeking compensation from the owner, driver and insurer of the offending vehicle. But pendency of this claim petition was not apparently brought to the notice of the Tribunal and it was in the said circumstances that the Tribunal had disposed of the claim petition filed by the second wife. Though the insurance company had filed a review petition before the Tribunal after noticing this aspect, the said review petition was dismissed by the Tribunal. M.A.C.A.No.370/ 2011 & W.P.(C)No.11020/2007 :: 2 :: 4. Ultimately, when the claim petition filed by the first wife and the two minor children came up for consideration, the Tribunal dismissed the said petition taking the view that there cannot be two awards in respect of the same accident. The said award is impugned in the captioned appeal. It is contended by the appellants that the second wife had played fraud on the Tribunal by suppressing the fact that the first wife and children were alive and that they were also entitled to get their due share in the amount of compensation. 5. We do not propose to go into that area of controversy at this stage, since the parties have shown the wisdom to settle the dispute amicably before this court. The father of the first wife, who holds the power of attorney of his daughter as well as the second wife and her mother appeared before us. They have agreed that the award amount will be shared between the first and second wives and their respective children in the ratio of 60:40. A joint statement signed by the parties and their respective counsel has also been filed. The said statement is taken on record. 6. In view of the above development, it is held that the amount of compensation awarded in MAC No.842/05 on the file of the Motor Accident Claims Tribunal, Manjeri shall be shared by the first and second wives of deceased Nooh and their children in the ratio of 60:40 as agreed by them in the joint statement filed before this court. We are informed that the second wife has already withdrawn Rs.50,000/- out of the amount awarded. The said amount shall be adjusted towards the amounts receivable by her. Needless to mention that the parties shall share the interest also in the proportion mentioned above. Award M.A.C.A.No.370/ 2011 & W.P.(C)No.11020/2007 :: 3 :: passed in MAC No.842/05 is modified to the above extent. 7. The amount payable to the first wife and her two minor children shall be deposited in their names before a scheduled bank. Similarly, the amount payable to the child in the second marriage shall be deposited in his name and the amount payable to the second wife shall be released to her. Writ petition and the appeal are disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes