Anilkumar P K vs The Oriental Insurance Company ...
2023 Latest Caselaw 1878 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                           MACA NO. 36 OF 2018
AGAINST THE AWARD DATED 29.04.2016 IN OP(MV) NO.1478/2013 OF MOTOR
                  ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE


APPELLANT:

             ANILKUMAR P K, AGED 44 YEARS, S/O.KELU,
             RESIDING AT PANATTU KUNNUMMAL,
             P.O.KARUVANPOYIL, VIA KODUVALLY,
             KOZHIKODE.

             BY ADVS.
             SRI.V.S.CHANDRASEKHARAN
             SRI.M.V.DAS
             SRI.S.JAYAKUMAR
             SMT.LEKSHMI SWAMINATHAN
             SMT.MARIAN G.M.THARAKAN


RESPONDENT:

             THE ORIENTAL INSURANCE COMPANY LIMITED
             KINGS WAY BUILDING, 1ST FLOOR,MAVOOR ROAD,
             KOZHIKODE-673 661.

             BY ADVS.
             SRI.P.J.ANTONY JOSEPH MARIADAS
             SRI.R.AJITH KUMAR V.K.EDOM
             SRI.R.PADMARAJ
             SMT.K.S.SANTHI - SC


     THIS     MOTOR   ACCIDENT   CLAIMS     APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA 36/18
                                       2

                            JUDGMENT

When this matter was called today, the learned counsel for

both sides were ad idem that the disputes between the parties have

been settled and that a joint statement has been filed.

2. I have examined the joint statement and see that the

claim of the claimant has been settled by the Insurance Company

for an amount of Rs.9,85,000/-, inclusive of all interest and cost.

In the afore circumstances, I allow this appeal in terms of the

Joint Settlement Memo dated 14.07.2022 filed by the parties; with a

direction to the Insurance Company to deposit the said amount

before the Tribunal, within a period of one month from the date of

receipt of a copy of this judgment; failing which the appellant will

be entitled to interest on the afore said sum at the rate of 7% per

annum until it is paid or recovered.

Sd/-

RR                                         DEVAN RAMACHANDRAN
                                                JUDGE