Kerala High Court
Arun K.A vs United India Insurance Company ... on 16 November, 2023
MACA NO. 633 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1674 DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
MACA NO. 633 OF 2021
AGAINST THE AWARD DATGED 18.02.2026 IN OP(MV)NO.1076/2016 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
PPELLANT/PETITIONER:
ARUN K.A, AGED 39 YEARS
$/0.T.C.APPUKUTTAN, KOCHUPATHIL HOUSE,
CHARUKARA.P.O, KAVALAM, ALAPPUZHA, NOW RESIDING AT
THAKADIYEL KOODATHINAL HOUSE, CHAMPAKARA.P.O,
KARUKACHAL, KOTTAYAM DISTRICT, PIN CODE-686540.
BY ADVS.
MATHEWS K.PHILIP
SMT.T.MANASY
RESPONDENT/2ND_ RESPONDENT :
UNITED INDIA INSURANCE COMPANY LIMITED
G.K.COMPLEX, N.H.ROAD, CHATHANNUR.P.O,
KOLLAM, PINCODE-691572, REPRESENTED BY ITS DIVISIONAL
MANAGER.
BY ADV P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 16.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. OF 2021
2
ZIYAD RAHMAN, A.A, J}
M.A.C.A No.633 of 2021
Dated this the 16°day of November, 2023
JUDGMENT
This appeal arises from the Award dated 18.02.2020 in
OP(MV)N0.1076/2016 on the file of Motor Accidents Claims
Tribunal, Kottayam. The said claim petition was filed by the
appellant seeking compensation due to the injuries sustained in
the motor accident that occurred on 27.10.2015. Even though
the appellants claimed an amount of Rs.23,00,000/- (Rupees
twenty three lakhs only) as the compensation, the Tribunal!
awarded an amount of Rs.4,41,570/- (Rupees four lakhs forty
one thousand five hundred and seventy only) and the second
respondent was directed to deposit the said amount along with
interest 9% per annum from the date of petition till deposit.
This appeal is submitted by the appellant being dissatisfied
with the quantum of compensation.
2. Heard Smt.Manasy, learned counsel for the appellant
and Adv.sri.P.Jacob Mathew, the learned standing counsel for
the respondent.
MACA NO. 633 OF 2621
3. Today when the matter came up for consideration,
the appellants and the respondent filed a joint memo, as per
which it was conveyed that the claim of the appellants was
settled by the respondent by agreeing to pay an amount of
Rs.2,10,000/- inclusive of interest in addition to the amount
already awarded by the Tribunal.
In the light of the aforesaid joint memo, this appeal is
disposed of modifying the award referred to above by granting
an additional amount of Rs.2,10,000/- inclusive of interest to
the appellants and the respondent is directed to deposit the
said amount within a period of two months from the date of
receipt of a copy of this judgment. In case of any failure in
making the said deposit, it shall be open for the appellants to
recover the said amount from the respondent with interest @
8% per annum from the date of default. The joint statement
filed by the parties shall form part of this judgment.
sd/-
ZIVAD RAHMAN, A.A, JUDGE
R.AV
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNARULAM
MACA No, 633 / 2021
Arua B.A. Appellant/Petitioner
Vs,
United India Insurance Company : Respondent/Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE
RESPONDENT
1. The above appeal is filed from the judgment in QO.P. (MV) No.
1076/2016 on the file Motor Accidents Claims Tribunal Kottayam.
The court below passed the award for an amount of Rs.4,41,570/-
with interest and costs.
b>
. Being aggrieved by the award, the claimant has filed this appeal
before this court for enhancement of the compensation. Doring the
pendency of the case, the matter has been settled between the
appellant and the insurer of the offending vehicle. The respondent
insurer agreed to pay a further amount of Rs.2,16,000/- including
interest as additional compensation in the above appeal.
3, The respondent hereby agrees to deposit, the above amount of
Rs.2,10,000/- (Rupees Two Lakh Ten Thousand only} in the court
below within a period of two months from the date of receipt of the
copy of the judgment from the Honourable High Court of Kerala,
failing which the said amount will carry interest at 95% from the date
of default.
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A. There is no threat, collusion, euereion or undue influence in arriving
at the above settlement. There is no mistake in arriving at this
settlement either.
Dated this the 26° day of October, 2023,
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Appellant: * \p
AnnK.A, 7
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Counsel for the respondent
Advocate : Jacob Mathew
Advocate : Mathews K. Philip
Counsel for the appellant
