Prajeesh vs Thajudheen.E.C
2023 Latest Caselaw 3667 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. 4039 OF 2018
 AGAINST THE ORDER/JUDGMENT OPMV 1220/2016 OF MOTOR ACCIDENT
                 CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:

         PRAJEESH
         AGED 30 YEARS, S/O. PRABHAKARAN,
         ANANTHANKANDI HOUSE, UNNIKULAM P.O.,
         KOZHIKODE DISTRICT
         BY ADVS.
         R.SUDHISH
         SMT.M.MANJU

RESPONDENTS/RESPONDENTS:

    1     THAJUDHEEN.E.C
          S/O. NASARUDHEEN, APPURATHU POYIL HOUSE,
          PUTHUPPADI P.O., PERUMBALI, KOZHIKODE-673 586
    2     YASHAK,
          AGED 25 YEARS, S/O. SIVADASAN,
          KUNDILATHUTTE HOUSE, UNNIKULAM P.O.,
          EKAROOL, KOZHIKODE-673 574
    3     LIBERTY VIDEOCON INSURANCE CO.LIMITED,
          2ND FLOOR, SHEMA BUILDING, MG ROAD, RAVIPURAM,
          KOCHI, ERNAKULAM-682 016
          BY ADVS.
          SRI.MATHEW KURIAKOSE
          SRI.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.4039 of 2018

                             :2:




                  DEVAN RAMACHANDRAN, J.
               =========================
                    M.A.C.A.No. 4039 of 2018
              ==========================
              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

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.2,00,000/-, inclusive of interest

and costs.

3. Sri.Sudhish R. - 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.2,00,000/-,

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.4039 of 2018

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