Kerala High Court
Sayed Anes Jaffer Sakkar.P.M vs New India Assurance Company Ltd on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.S.DIAS
THURSDAY, THE 7"! DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
MACA NQ. 305 OF 2621
AGAINST THE AWARD DATED 63.03.2026 IN OPMV 1014/2618 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/PETITIONER:
SAYED ANES JAFFER SAKKAF.P.M
AGED 40 YEARS
S/O SAYED JAFFER P M,
23/1440 CI, BAITHUL NOOR , O G ROAD,
P . 0. THIRUVANNUR, PANNIYANKARA, KOZHIKODE-673029.
BY ADVS.
AVM, SALAHUDIN
SMT.A.D.DIVYA
RESPONDENT/3RD_ RESPONDENT:
NEW INDIA ASSURANCE COMPANY LTO.
KOZHIKODE, KERALA-673001.
REPRESENTED BY BRANCH MANAGER.
BY ADV RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 97.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[JUDGMENT
The appeal is filed by the petitioner in O.P.(M.V)
No.1014/2018 on the file of the Principal Motor Accidents
Claims Tribunal, Kozhikode, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the respondent agreed to explore the
possibility of settling their dispute through direct
negotiation.
3. Pursuant to the settlement talks held in this Court,
the above parties have arrived at an amicable settlement
as per the terms and conditions in the Joint Memo dated
02.04.2022, signed by the parties and counter signed by
the respective counsel.
4,] have perused the Joint Memo dated 02.04.2022
and found that the compensation amount agreed between
the parties to be just and reasonable, and that the
settlement is in accordance with law.
©. In the result, the appeal is allowed as per the
terms and conditions in the Joint Memo dated 02.04.2022,
which shall form a part of the judgment.
6. This Court places on record its appreciation for
both the appellant as well as the respondent - insurer in
harmoniously settling the dispute and putting an end to
the litigation, and also for saving the precious judicial
time.
Sd/-
C.S.DIAS
JUDGE
rmm/07/04/2022
"A+
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
M.A.C.A. No. 305 of 2021
APPELLANT
- Sayed Anes Jaffer Sakkaf .P.M, aged 40 years, S/o. Sayed Jaffer .P.M,
23/1440 C1, Baithul Noor, O.G. Road, P.O. Thiruvannur, Panniyankara,
Kozhikode -- 673 029.
Versus
RESPONDENT
New India Assurance Company Limited, Kozhikode, Kerala -- 673 001,
Represented by Branch Manager.
Joint memo filed by the appellant and_the respondent
in the above appeal
The above appeal is filed against the award in O.P (MV) 1014/2018 on
the file of Pri. Motor Accidents Claims Tribunal, Kozhikode seeking
enhancement of compensation. The court below passed an award for an
amount of Rs. 9,16,200/- with 8% interest and cost.
The matter involved in the appeal has been settled between the
parties. The respondent-insurer of the offending vehicle agreed to pay a
further amount of Rs. 79,000/- with 5% interest from the date of claim petition
within two months from the date of receipt of the judgment failing which is the
said amount will carry 8% interest.
Duly en
or and on Behalf of:-
THE NEW INDIA ASSURANCE CO. LTD. a
Total amount of compensation enhanced to Rs. 79,000/- (Rupees Seventy Nine
Thousand only).
The respondent agreed to pay the further amount of Rs. 79,000/- with
5% interest from the date of claim petition to the appellant within two months
from the date of receipt of the judgment failing which is the said amount will
carry 8% interest from the date of default.
For and on Behalf of:-
THE NEW INDIA ASSURANCE CO. LTD.
Duly mae
Dated this the 2"° day of April, 2022.
Appellant Qu --
Sayed Anes Jaffer Sakkaf .P.M
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