Anitha vs Tata Aig General Insurance
2022 Latest Caselaw 3177 Ker

MACA NO. 437 OF 2021
                                  1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        MACA NO. 437 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 538/2018 OF MOTOR ACCIDENTS
                      CLAIMS TRIBUNAL VATAKARA
APPELLANT/S:

    1       ANITHA
            AGED 44 YEARS
            W/O. BHASKARAN, MADATHUM KOYILOTH HOUSE, KINALUR,
            P.O BALUSSERY, KOZHIKODE 673 601

    2       VYASAKH
            S/O. ANITHA, MADATHIN KOVILAKATH HOUSE, KINALUR P.O,
            BALUSSERY, KOZHIKODE 673 601

            BY ADVS.
            AVM.SALAHUDIN
            SMT.A.D.DIVYA



RESPONDENT/S:

            TATA AIG GENERAL INSURANCE
            DOOR NO 6/1002D, 1ST FLOOR CITY MALL, OPP YMCA,
            KANNUR ROAD, KOZHIKODE 673 101 REPRESENTED BY BRANCH
            MANAGER.

            BY ADV SRI.R.AJITH KUMAR (128/84)




     THIS   MOTOR   ACCIDENT   CLAIMS    APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 18.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 MACA NO. 437 OF 2021
                             2

                       JUDGMENT

The learned counsel appearing for the appellants and

the learned counsel appearing for the respondent submit

that the subject matter in dispute between the parties in

the appeal has been settled between them as per the joint

memo dated 02.03.2022 executed by the parties and

counter signed by the respective counsel.

2. I have perused the joint memo executed by the

parties and find the same to be in accordance with law.

In the result, the appeal is allowed as per the

conditions in the joint memo dated 02.03.2022, which shall

form part of the judgment.

Sd/-

C.S.DIAS JUDGE

rkc/18.03.22 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

MACANo.437 of2021 APPELLANTS

1. Anitha, W/o. Bhaskaran, aged 44 yea'rs, MadathumKoyiloth House,

Kinalur. P.O., Balussery, Kozhikode -673 601.

2. Vysakh, S/o. Anitha, MadathinKovila.kath House, Kinalur. P.O.,

Balussery, Kozhikode -673 601.

RESPONDENT

TATA AIG General Insurance, Door No. 6/1002D,1StFloor City Mall, Opp.

YMCA,Kannur Road, Kozhikode -673 101, Represented by Branch

Manager.

Joint memo filed b thea eiiants and the res ondent in the a

The above appeal is filed against the award in O.P (MV) 538/2018 on the

file of Motor Accidents claims Tribunal, Kozhikode seeking enhancement of

compensation. The court below passed a`n award for an amount of

Rs.16,78,700/-with 80/o 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. 4,30,000/-within two months from the date of receipt of the judgment

failing which is the said amount will carry 8°/o interest.

For TATAAIG GENERAL INSURANCE COMPANY LTD 2-

Total amount of compensation enhanced to Rs. 4,30,000/-(Rupees Four Lakhs Thirty Thousand only)

The respondent agreed to pay the further amount of Rs. 4,30,000/-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

ForTATAAIGGENERALINSURANCECOMF'AN

Appellants_ _Respondent

1. Anltha !Ea TATA AIG General ln Aulhorlsed slgnatorLJ

2. Vysakh

-.=`:::``

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                                                    Counsel for the Respondent

                                                    Adv R. Ajlth Kumar          /< ` /a 8/#%;