Pathumma @ Fathima vs Tata Aig Insurance Company ...
2022 Latest Caselaw 3174 Ker

                        IN THE l]ICH COURT 0F KERALA AT ERNAKULAM

                                          PRESERT
                           "E HONOURABLE MR.JUSTICE C.S.DIAS

          FRIDAy, THE i8" DAy OF MARCH 2®22 / 27" pIAEeiiRA, 1943
                                   MACA NO, 3403 0F 2®19
 AGAINST THE AWARD DATED 13.12.2®18 IN 0PMV 2®4/2®17 0F "E PRINCIPAL

                        MOTOR ACCIDENT CLAIMS TRIBUNAL,    KOZHIKODE
APPELLANTS/PETITIONERS :

                 PATHUMMA @ FATHIMA
                 AGED 53 YEARS
                 W/0.LATE UMMER @ MUKKANNAN,          ARETAM CHALIL HOUSE,
                 CHUNDALAMUKKU, P. 0. RAROTH,         KOZHIKODE (WIFE 0F THE
                 DECEASED)


                 FAISAL
                 AGED 37 YEARS
                 S/0. PATHUMMA @ FATHIMA, RARINGAMANNAPOYIL HOUSE,
                 THAMARASSERY P. 0., KOZHIKODE (SON 0F THE DECEASED)


                 BY ADVS.
                 AVM . SALAHUDIN
                 A , D . DIVYA
                 APARNA UDAYAKUMAR




BESPONIDENT/2ND RESPONDENIT :


                 TATA AIG INSURANCE COMPANY LIMITED
                 IST FLOOR, CITY MALL, OPPOSITE. Y.M.C.A.,        KANNUR ROAD,
                 KOZHIKODE - 673 001.


                 BY ADV R.AJITH KUMAR (128/84)




      THIS   MOTOR ACCIDENT CLAIMS APPEAL           HAVING COME   UP   FOR ADMISSION

0N 18.03.2022,   THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO.    3403 0F 2®19




                           |u_DGMEnIT
      The appeal is filed by the petitioners in O.P.(M.V)

No.204 of 2017 on the file of the Principal Motor

Accidents       Claims     Tribunal,    Kozhikode   seeking

enhancement of compensation.

     2. On the suggestion made by this Court, the

appellants 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

02.03.2022, signed by the parties and counter signed by

the respective counsel.

4. I have perused the Joint Memo dated 02.03.2022

and found that the compensation amount agreed between the parties to be just and reasonable, and that the MACA NO. 3403 0F 2®19

settlement is in accordance with law.

5. In the result, the appeal is allowed as per the terms and conditions in the Joint M-emo dated 02.03.2022,

which shall form a part of the judgment.

6. This Court places on record its appreciation for

both the appe]lants as well as the respondent - insurer in Harmoni6u§ly §`ettling the dispute and puttffig an end t6

the litigation, and also for saving the precious judicial

time.

Sd/.

                                         C.S,DIAS
rmun/18/03//2022                         JUDGE
 ',

                                                               Presented on : /03/2022

BEFORE THE HONOURABLE HIGH COURT OF KERALA

AT ERNAKULAM .,

MACA No. 34o3 of 2oig , Gr

Pathumma @ Fathima & another . `. Appellarits

Vs.

TATAAIG General Insurance Co. Ltd. : Respondent

±e±±± mertyLQ filed by the appo[lants and the respondenj jn±he above appeal

Counsel for the Appellants : A.V.M. Salahuddeen

Counsel forthe Respondent : Adv. R. Aj.ith Kumar BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

MACANo.3403 of2019

APPELLANTS

1. Pathumma @ Fathima, W/o. Late. Ummer @ Mukkannan, aged 53

years, Aretam Chalil House, Chundalamukku, P.O. Raroth, Kozhikode - 673 573 (wife of the deceased).

2. Faisal, S/o. Pathumma @ Fathima, aged, 37 years, Karingamannapoyil House, Thamarassery. P.O., Kozhikode - 673 573 (son of the deceased).

RESPONDENT

TATA AIG Insurance Company Limited, 1St Floor, City Mall, Opp. Y.M.C.A,

Kannur Road, Kozhikode i 673101, Represented by Branch Manager.

Joint memo filed bv the aDDe][ants and the respondent in the above appeal

The above appeal is filed against the award in O.P (MV) 204/2017 on the file of Prl. Motor Accidents claims Tribunal, Kozhikode seeking

enhancement of compensation. The court below passed an award for an amount of Rs. 6,07,500/-with 8% interest and cast.

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. 4,56,000/- within two months fr.om the date of receipt of the

judgment failing which is the said amount will carry 8% interest.

orTATAAIGGENERAllNSURANCECOMPANYITD ca = -------.`|--2;:;Z<-

a i, Total amount of compensation enhanced to Rs. 4,56,000/-(Rupees Four Lal(hs Fifty Six Thousand only)

The respondent agreed to pay the furthe.r amount of Rs. 4,56,000/: 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.

Dated this the 2nd day of March, 2022.

eni" yoLi ALWA YS ForIAIAAIGGENERAUNSURANCECOMfANYLTD AD pellants E;;.a"6'h-dveLfi;`" ""

1. Pathumma @ Fathima y TATAAIG Insurance company Ljmi

-_\,

2. Faisal f2dr

chovh-

---:--:---::-=--:I:-:`-:-se`                      I Counsel for the Respondent

                                                  Adv.R.AjithKumar                   /<|/28/J!4

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