Sivaprasad vs Firoz
2023 Latest Caselaw 3658 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. 71 OF 2022
 AGAINST THE ORDER/JUDGMENT OPMV 2114/2018 OF MOTOR ACCIDENT
                 CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:

         SIVAPRASAD,
         AGED 21 YEARS, S/O. RADHAKRISHNAN,
         MELAYIL HOUSE, THEKKEPPATT, P.O. FEROKE,
         NALLUR, KOZHIKODE DISTRICT - 673 303.
         BY ADVS.
         E.G.GORDEN
         S.K.KRISHNAKUMAR

RESPONDENTS/RESPONDENTS:

    1     FIROZ,
          AGED 35 YEARS, S/O. HAMSAKOYA,
          1/262-A/ KALANTHATHINTE PURA P.O.,
          CHALIYAM, KOZHIKODE DISTRICT - 673 304.
    2     LIBERTY VIDEOCON GENERAL INSURANCE COMPANY ,
          10TH FLOOR, TOWER A, PENINSULA BUSINESS PARK,
          RAO KADAN MARG, LOWER PAREL, MUMBAI,
          MAHARASHTRA - 40013.
          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.71 of 2022

                              :2:




                   DEVAN RAMACHANDRAN, J.
                =========================
                      M.A.C.A.No. 71 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 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.60,000/-, inclusive

of interest and costs.

3. Sri.E.G.Gorden - 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.60,000/-,

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.71 of 2022

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

then said amount will carry interest at the rate of 9% per

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

judgment until it is actually realized.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm