Kerala High Court
Baiju vs Dilshad C.A on 16 November, 2023
MACA NO. 10 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 164 DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
16 OF 2822
AGAINST THE AWARD DATED 08.06.2622 IN OP(MV)NO.847/2618 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
APP T/PETITIONER:
BAIJU, AGED 38 YEARS
S/0. VELAYUDHAN , PAZHUKKACHIRAVELT HOUSE, CSP7,
KADAKKARAPALLI, PATTANAKADU P.O., ALAPPUZHA, PIN -
688529
BY ADVS.
K.A. HASHIM
JABIN MUHAMMED
1 DILSHAD C.A.
S/0.ABOOBACKER, CHEMPAKASSERY
HOUSE, KAPPASSERY, NEDUMPASSERY,
ERNAKULAM, PIN - 683585.
2 MOHAMMAD SAJEER
S/0.KAMARUDHEEN , FLAT NO.25 HORIZON SUNDREW , PWD
ROAD, NETTOOR, MARADU PO.,
ERNAKULAM, PIN - 682304.
3 SAJEEEV BHANU
MUNNOLSUMANA HOUSE,WEST DESOM ,UC COLLEGE PO.,
ALUVA, ERNAKULAM, PIN - 683102
4 NATIONAL INSURANCE .CO.LTD
REP.BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE,
KOTTAYAM, PIN - 686001
BY ADV SARAH SALVY
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. 3618 OF 2022
2
ZIYAD RAHMAN, A.A, J
M.A.C.A No.3010 of 2022
Dated this the 16°day of November, 2023
JUDGMENT
This appeal arises from the Award dated 08.06.2022 in
OP(MV)No.847/2018 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 23.02.2018. Even though
the appellants claimed an amount of Rs.3,00,000/- (Rupees
three lakhs only) as the compensation, the Tribunal awarded an
amount of Rs.1,48,655/- (Rupees one lakh forty eight thousand
six hundred and fifty five only) and the 4m respondent was
directed to deposit the said amount along with interest 6% 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 Sri.K.A-Hashim, learned counsel for the
appellant and Adv.Smt.Sarah Salvy, learned standing counsel
for the fourth respondent.
MACA_ NO. 3019 OF 2022
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.1,00,000/- 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.1,00,000/- 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/-
ZIYAD RAHMAN, A.A, JUDGE
R.AV
BEFORE THE HON'BLE HIGH COURT GF KERALA AT ERNARULAM
MACA NO.3016/2022
Raiju os Appellant/petitioner
Dishad C8 & 3 others . Respondents/Respondents
JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABDVE
MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL
sronh
0g.
The above appeal is against award in OP MP. No.847/2018 dated, B/O6/2022 of
the motor Accident Claims Tribunal, kottayam. The original claims is one U/S 156
of the Matur Vehicles Act for the injuries sustained by the appellant in the moter
vehicie accident occurred on 23/02/2018,
os
The jearned tribunal after finding negligence on the insured vehicie awarded a
compensation of Rs. 148,655/- with 6% interest and proportionate cast frorn the
3° respondent insurance Campany., Dissatisfied with the quanturn the claimant is
in aopeal,
The appellant and the 4° respandent national Insurance Cam ipany had discussed
we matter on 22/08/2023 The appellant has agreed to receive
5.1.00, 000/-{rupees one lakh only}including interest In addition to the
compensati an already award by the Tribunal as full and final settlement of the all
claims in the appeal. The respondent insurer has agreed to depasit the above
amount in the account of appellant,
The ary pellant shall furnish the bank account particulars of the appellant within
one month from the date of the judgment The respondent shall depasit the
arnount within one month from the date of the receipt of the account particulars.
incase the insurer fail to deposit the amount after receiving the account
narticulars of the account particulars as stipulated above the amaunt shall Carry
interest a5 7% efter the date of default.
ate this 18 day of October 2023 at ErnaReriiaionay i INSURANCE 8 ign
Weis, RRL
Mie dds Respondent <a
Authoring 8
Counsel f or the respor ride Sanstory,
