Sinan @ Muhammed Sinan (Minor) vs Liberty Videocon General ...
2023 Latest Caselaw 3639 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                    MACA NO. 354 OF 2021
   AGAINST THE ORDER/JUDGMENT OPMV 1834/2017 OF ADDITIONAL
     DISTRICT COURT & SESSIONS COURT - V, KOZHIKODE / IV
                 ADDITIONAL MACT, KOZHIKODE
APPELLANT/PETITIONER:

         SINAN @ MUHAMMED SINAN (MINOR)
         AGED 11 YEARS(DOB. 16.6.2009),
         REPRESENTED BY MOTHER AYISHA, AGED 41 YEARS,
         W/O. ASHRAF, EDASSERY PARAMBA, EDAVANNAPPARA
         (P.O), CHERUVAYOOR, KOZHIKODE DISTRICT-673 645.
         BY ADVS.
         AVM.SALAHUDIN
         SMT.A.D.DIVYA

RESPONDENT/2ND RESPONDENT:

          LIBERTY VIDEOCON GENERAL INSURANCE CO.LTD.,
          2ND FLOOR, SHEMA BUILDING, RAVIPURAM,
          M.G.ROAD, ERNAKULAM DISTRICT, PIN-682 016,
          REPRESENTED BY ITS BRANCH MANAGER.
          BY ADV P.JACOB MATHEW - SC



     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.354 of 2021

                              :2:




                  DEVAN RAMACHANDRAN, J.
               =========================
                     M.A.C.A.No. 354 of 2021
              ==========================
              Dated this the 29th day of March, 2023


                           JUDGMENT

When this matter was called today, Sri.P.Jacob Mathew -

learned Standing Counsel appearing for the Liberty Videocon

General Insurance Company Limited ('Insurance Company', for

short), submitted that the claim of the appellant has been

settled by his client for a further figure of Rs.90,000/-, inclusive

of interest and costs.

3. Sri.A.V.M.Salahudeen - learned counsel for the

appellant, affirmed the afore; and added that the Insurance

Company has agreed to deposit the afore amount within a

period two months from today, which is not disputed by

Sri.P.Jacob Mathew either. In the afore circumstances, I allow

this appeal in terms of the settlement between the parties; with

a direction to the Insurance Company to deposit an amount of

Rs.90,000/-, inclusive of interest and costs, before the Tribunal,

within a period of two months from the date of receipt of a copy

this judgment.

M.A.C.A.No.354 of 2021

Needless to say, if the afore deposit is not made as above,

then said amount will carry interest at the rate of 8% per

annum, as granted by the Tribunal, from the date of this

judgment until it is actually realized.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm