Safiya.K.U vs Liberty General Insurance ...
2023 Latest Caselaw 3640 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. 714 OF 2022
    AGAINST THE ORDER/JUDGMENT OPMV 797/2019 OF SPECIAL C
 SPE/CBI-I&3 ADDITIONAL DISTRICT COURT / I ADDITIONAL MOTOR
            ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM.
APPELLANTS/PETITIONER 1 TO 4:

    1     SAFIYA.K.U.
          AGED 61 YEARS, W/O.LATE ABDUL GAFOOR,
          HOUSE NO.10/1601, MOIDEENKA VEETTIL, MUTHALIAR
          BHAGOM, KARUVELIPPADY, COCHIN - 682 005, AND NOW
          RESIDING AT HOUSE NO.13/1045, MUTHALIAR LANE,
          KARUVELIPPADY, COCHIN - 682 005.
    2     JANIS M.G.
          AGED 41 YEARS, S/O.LATE ABDUL GAFOOR,
          HOUSE NO.10/1601, MOIDEEKA VEETTIL, MUTHALIAR
          BHAGOM, KARUVELIPPADY, COCHIN - 682 005, AND NOW
          RESIDING AT HOUSE NO.13/1045, MUTHALIAR LANE,
          KARUVELIPPADY, COCHIN - 682 005.
    3     LIJI M.G.
          AGED 39 YEARS, D/O.LATE ABDULA GAFOOR,
          HOUSE NO.10/1601, MOIDEENKA VEETTIL, MUTHALIAR
          BHAGOM, KARUVELIPPADY, COCHIN - 682 005, AND NOW
          RESIDING AT HOUSE NO.13/1045, MUTHALIAR LANE,
          KARUVELIPPADY, COCHIN - 682 005.
    4     ANEESH M.G.
          AGED 37 YEARS, S/O.LATE ABDUL GAFOOR,
          HOUSE NO.10/1601, MOIDEENKA VEETTIL, MUTHALIAR
          BHAGOM, KARUVELIPPADY, COCHIN - 682 005, AND NOW
          RESIDING AT HOUSE NO.13/1045, MUTHALIAR LANE,
          KARUVELIPPADY, COCHIN - 682 005.
          BY ADVS.
          RAHUL SASI
          NEETHU PREM

RESPONDENT/2ND RESPONDENT:

          LIBERTY GENERAL INSURANCE LIMITED
          DOOR NO.39/4166 A, 2ND FLOOR, SHEMA BUILDING,
          M.G.ROAD, RAVIPURAM, COCHIN - 682 016
          REP. BY ITS AUTHORIZED OFFICER.
 M.A.C.A.No.714 of 2022

                               :2:



              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.714 of 2022

                             :3:




                  DEVAN RAMACHANDRAN, J.
               =========================
                     M.A.C.A.No. 714 of 2022
              ==========================
              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 General

Insurance Company Limited ('Insurance Company', for short),

submitted that the claim of the appellants has been settled by

his client for a further figure of Rs.1,45,000/-, inclusive of

interest and costs.

3. Sri.Rahul Sasi - learned counsel for the appellants,

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.1,45,000/-,

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.714 of 2022

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