Kerala High Court
Chandran vs Abdul Khader on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
MACA NO. 3340 OF 2015
AGAINST THE AWARD IN OPMV 2043/2012 OF IV ADDL.M.A.C.T., KOLLAM
APPELLANT/PETITIONER:
CHANDRAN, AGED 70 YEARS S/O.VELUTHA KUNJU, ANANTHAPURAM
VEEDU, PUTHENTHURA P.O., NEENDAKARA VILLAGE.
BY ADV SRI.THYPARAMBIL THOMAS THOMAS
RESPONDENT/RESPONDENTS:
1 ABDUL KHADER, S/O.MOOSA, PUTHIYOTTI HOUSE,
NELLIKKAPARAMBA POST, VIA MUKKAM, CALICUT-673602 (OWNER
OF THE MINI LORRY BEARING REG.NO.KL-57/D 3677).
2 ABDUL RASHEED S., S/O.KUTTI HASSAN C., KUTTIYENGAL
HOUSE, KURUPATH KONDOTTY, MALAPPURAM 673638 (DRIVER OF
THE MINI LORRY BEARING REG.NO.KL-57/D/3677) DRIVING
LICENCE NO.10/4625/2001, BADGE NO.10/2509/2011, VALID
FROM 23-5-2011 TO 22-6-2014).
3 THE MANAGER, NEW INDIA ASSURANCE CO.LTD., DIVISIONAL
OFFICE, IIND FLOOR, KSFE BUILDING, CHINNAKKADA, KOLLAM-
691001, (INSURER OF THE MINI LORRY BEARING
REG.NO.KL57/D 3677) POLICY IS HAVING THE VALID FOR THE
PERIOD FROM 22-6-2011 TO 21-6-2012 POLICY IS ISSUED
FROM THE DIVISIONAL OFFICE, IIND FLOOR, SHAFEER
COMPLEX, OPPOSITE TO YMCA, KANNOOR ROAD, CALICUT-
673001.
BY ADV SMT.RAJI T.BHASKAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 3340 OF 2015
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.70,000/-, inclusive of all
interest and cost and that the Insurance Company has
agreed to deposit this amount within a period of three
months from the date of receipt of a copy of this judgment
In the afore circumstances, I allow this appeal in terms
of the Compromise Petition dated 08.12.2022 filed by the
parties; with a direction to the Insurance Company to pay
the said amount, within a period of three months 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 8% per annum until it is paid or recovered as is
also agreed between the parties.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
-
BEFORE THE HONouRABLE mGH couRT oF KERALA
AT ERNAKULAh¢
M.AC.A. No. 3340/2015
ADnellant :-
Chandran, Aged 70 years, S/o Velutha Kunju,
Ananathapuraln Veedu, Puthenpura P. a,
Neendckara Village.
srd Resi)ondeni :-
The Manager, New India Assurance Co. Ltd,
Divisional Office, 2nd Floor, KSFE Building,
Chirmalckada,Kollam-691001
JOINT nmMO FILED By TIIE AppELLANT AND TIIE 3RI' REspONDENT
1' The above appeal is filed against the Award passed by the
MACT, Kollam in OP(MV) 2043/2012, seeking enhancement of compensation. The
Tribunal passed an Award for an amount of Rs. 14,900/-with 9°/o interest and cost.
2,. The matter involved in the appeal has been settled between the
parties. The 3rd respondent /insurer of the offending vehicle agreed to pay a further
sum of Rs. 70,coo/-including interest.
3` The 3rd respondent is agreed to pay a sum of Rs. 70,000/-as
® enhanced compensation within 3 months from the date of receipt of copy of the
Judgement failing whic-n the said airlo`tijit carry interest at 8% from the date of default.
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Dated this the 8th day of December,2022
irppeiat `
Chandran
:RIP:fiudAThBRECp:[email protected]
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