Sivasankaran vs K.Moideen Haji(Deleted)
2023 Latest Caselaw 1975 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                    MACA NO. 1844 OF 2009
 AGAINST THE ORDER/JUDGMENT OPMV 2196/2002 OF MOTOR ACCIDENT
 CLAIMS TRIBUNAL & SPECIAL COURT FOR EC ACT CASES, THRISSUR


APPELLANT/PETITIONER:

         SIVASANKARAN
         S/O ATHIKATTIL SANKARAN NAIR, SUDHARMA,
         THIRUVENKITAM, GURUVAYOOR, TRICHUR DISTRICT.
         BY ADV T.C.SURESH MENON

RESPONDENTS/RESPONDENTS:

    1     K.MOIDEEN HAJI(DELETED)
          S/O MOIDEENKUTTY HAJI, KONNATH HOUSE,
          VILLAPPALLY P.O., VADAKARA, KOZHIKODE.(DELETED)
    2     K.MOHANAN (DELETED)
          S/O.KELAPPAN, C/O.MOIDEENKUTTY HAJI,
          KONNATH HOUSE, VILLAPPALLY P.O., VADAKARA,
          KOZHIKODE.(DELETED)
    3     UNITED INDIA INSURANCE COMPANY LIMITED
          DIVISIONAL OFFICE-2, II FLOOR, SEEMA TOWERS BANK
          ROAD, MAVOOR ROAD JUNCTION, CALICUT - 673 001.

          (RESPONDENT NO.1 AND 2 ARE DELETED FROM PARTY
          ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER
          DATED 13/12/2018 IN IA 1/18 IN MACA 1844/09)

          BY ADV A.R.GEORGE



     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.1844 of 2009

                              :2:




                  DEVAN RAMACHANDRAN, J.
              =========================
                   M.A.C.A.No. 1844 of 2009
             ==========================
             Dated this the 3rd day of February, 2023


                            JUDGMENT

When this matter was called today, the learned counsel for

the parties were ad idem that the disputes between their clients

have been settled through an out-of-Court settlement and that the

Insurance Company has agreed to pay an amount of Rs.6,00,000/-,

inclusive of interest, over and above the amounts already allowed

by the Tribunal. It is also conceded before me that the Insurance

Company has offered to make the payment within a period of two

months from the date of receipt of a copy of this judgment.

Resultantly, I allow this appeal, modifying the impugned

Award; thus enhancing the compensation by a further amount of

Rs.6,00,000/-, inclusive of interest; and directing the Insurance

Company, as per their consent, to deposit the same before the

learned Tribunal, within a period of two months from the date of

receipt of a copy of this judgment; failing which, said amount will

carry interest at the rate fixed by the Tribunal in the impugned

order from the date of the judgment until realization. M.A.C.A.No.1844 of 2009

Needless to say, the claimants will have full liberty to receive

all the deposited amounts; or to recover it - as the case may be -

without any impediment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

anm