Sumithra vs P.K.Kareem
2021 Latest Caselaw 8936 Ker

M.A.C.A.417/2012                  1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                        MACA.No.417 OF 2012(C)

  AGAINST THE AWARD IN OPMV 583/2009 DATED 23-02-2010 OF MOTOR
              ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE


APPELLANT/S:

                SUMITHRA,
                AGED 50 YEARS, WIFE OF VASUDEVAN,
                VALIYAKULANGARA THAZHAM HOUSE,
                PARAMBIL BAZAR P.O, KOZHIKODE.

                BY ADV.SHRI.JACOB ABRAHAM

RESPONDENT/S:

       1        P.K.KAREEM,
                SON OF BEERAN KUTTY, PAZHAMKUNNU HOUSE,
                MAYILAMPARA P.O, KOZHIKODE DISTRICT 673 573.

       2        HAMZA, SON OF KUNHALAN KUTTY, 9/1144,
                PUZHAMKUNNUMMAL HOUSE, PUTHUPADI P.O,
                KOZHIKODE DISTRICT 673 586.

       3        BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD.,
                GE PLAZA, AIRPORT ROAD,
                YERVADA, PUNE 411 006.


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
     ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 M.A.C.A.417/2012                      2




                                 JUDGMENT

Dated this the 17th day of March, 2021

This is an appeal filed by the appellant/petitioner seeking

enhancement of compensation. Claim petition was filed by her,

seeking compensation for the injuries sustained to her in a

motor accident occurred on 06.11.2008. After the trial an

award was passed by the Tribunal granting a total

compensation of Rs.21,138/- along with interest at the rate of

7% per annum. Being dissatisfied with the said amount, this

appeal is filed.

2. During the pendency of this appeal, the appellant

and the insurer, who is the 3 rd respondent in the claim petition

entered into a settlement out of court. The aforesaid

settlement is submitted before this Court in the form of a joint

compromise petition. As per the contents of the same, the

parties have agreed to settle the dispute, and as per the terms

thereof, the respondent Insurance Company shall pay an

amount of Rs.1,25,000/- inclusive of interest and costs thereof,

within a period of 30 days from the date of receipt of a copy of

the judgment in this appeal. The said compromise is recorded

and the appeal is disposed of in terms of the said compromise.

The terms of compromise as contained in I.A.No.1 of 2021 shall

form part of this judgment.

Therefore, it is directed that the respondent Insurance

Company shall deposit Rs.1,25,000/- within 30 days from the

date of receipt of a copy of this judgment. In case of default in

making the payment as agreed, the company shall pay interest

at the rate of 9% per annum from the date of default.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG