Annamma vs T.D.Raju
2023 Latest Caselaw 10463 Ker

IN THRE HGH COURT OF KSRALS AT ESRNAXURAN
PRESENT
THE HONGURABLES MR. JUSTICE SIYAG RANMAN &.A.
SATURDAY, THE 20" pay OF SEPTEMBER 2023 / a?H ASNINA, I848

OBNY I937/2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ROLDAN

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THIS MOTOR ACCIDENT CLAINS APPEAL RAVING COME OF Fos
SDNISSION ON 3G.09.2023, THE COURT ON YHE SAME DAY
DELIVERED THE POLLONING:


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ZL¥AaD RAHMAN A.A. J.

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Dated : 36° September, 2023

JUDGMENT

The appellant is the pefitioner in OP(MV) No. 1987/2011 on the files of the Motor Accident Claims Tribunal, Kollam. The aforesaid claim petition was Yiled by ihe pelifioner seeking compensation for the injuries sustained in a motor accident that occurred on 224.2010. The total amount claimed by the petitioner as compensation was Rs.5 Lakhs and the inbunel passed an award by allowing a total compensation of Re2.20. 142) (wo lakhs bwenty thousand one hundred and forty bve only) and the 3° respondent Insurance Company was directed to deposit the said amount along with inferest at the rate of 9% per annum from the date of petition t) realization with proportionate costs. This appeal is submitted in such circumstances seeking enhancement of compensation.

2, Weard Sn. Saiu J.Panicker, the learned counsel aopearing for ihe appellant and SmiPLissy Jose, the learned Standing Counsel appearing for the 3° respandent-Insurance Company.

3. The parties have fled a joint memo, wherein # is mantioned

MACA 2183 af 2016

that, the 3° respondent Insurance Company hed agreed to settle the claim of the appellant fully and finally by granting an additional amount of Rs. 7,80, 000/- (one lakh eighty thousand only) inclusive of interest.

in the light of the aforesaid joint memo, the award passed by the Motor Accident Claims Tribunal, OP(MV) No. 1937/2011, is modified, by granting an additional amount of Rs. 1,80 000/- (one lakh eighty thousand only) inclusive of interest, which shall be deposited by the 3 respondent

- Insurance Company within a period of hwo months from the date receipt of a copy of this judgment and in case of defaulf in making the deposit as above, the said amount shall be recoverable from the 3° respondent insurance Company with Interest at the rate of 8% from the date of defaull,

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LYAO RANMAN A.A, Judge

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