Kerala High Court
Satheesan T vs Refnas P.K on 8 April, 2024
Author: Mary Joseph
Bench: Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 8'4 pay OF APRIL 2024 / 19TH CHAITHRA, 1946
MACA NO. 3603 OF 2019
AGAINST THE AWARD DATED 16.65.2019 IN 0.P(M.V) NO.1288 OF 2016 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI
APPELLANT/PETITIONER:
SATHEESAN T.,
AGED 52 YEARS,
$/0.BHASKARAN, PUNNATHPOTTAMMAL HOUSE,
KARADPARAMBU POST, PONNEMPADAM, KARADPARAMBU AMSOM,
MALAPPURAM - 673 632.
BY ADV
K. VIDYASAGAR
RESPONDENTS/RESPONDENTS :
1 REFNAS P.K.,
AGED 30 YEARS, S/0.ALIKOYA, PERIKKALAKANDI HOUSE,
ELATHUR POST, CHETTIKULAM AMSOM, KOZHIKKODE - 673 303.
2 MUHAMMED NYEEM,
S/O.MUHAMMED HANEEF, S M HOUSE, KOLAPPARUTHIPADAM
POST, NALLAM, KOZHIKKODE - 673 627.
3 UNITED INDIA INSURANCE CO.LTD.,
KODUR BUILDING, NEAR POOVANNUR PALLI,
KOZHIKKODE - 673 002.
BY ADV
SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A. No. 3603 of 2019
JUDGMENT
Dated this the 8" day of April, 2024
The appeal on hand is originated from an award passed by
- Motor Accidents Claims Tribunal, Manjeri on 16.05.2019 in
OP (MV) No.1288 of 2016. The appellant is the petitioner before
the Tribunal.
2. The appeal is filed seeking enhancement of
compensation stood awarded by the Tribunal. During the
pendency of the appeal, the parties have negotiated the issues
involved in the appeal and arrived at an amicable settlement and
a joint settlement memo is filed signed by each of them and their
respective counsel.
3. The appellant has agreed to accept a sum of %50,000/-
as additional compensation from the 3™ respondent, in full and
final settlement of all claims in the appeal. The appellant has
agreed to furnish his account particulars and PAN Card details,
within two months from the date of the judgment that would be
-13:-
passed by this Court on the basis of the joint settlement memo.
Insurer shall deposit the amount within one month therefrom.
In case of default of the insurer to deposit, it shall also pay
interest at the rate of 9% per annum from the date of default.
In the result, the appeal on hand is allowed on the basis of
the terms agreed to by the parties in the joint settlement memo.
The appellant shall furnish the particulars of the bank account
and PAN card within two months from this day. The 3"
respondent shall pay ¥50,000/- (Rupees fifty thousand only) in
favour of the appellant within a period of one month from the
date on which the particulars of bank account and PAN card are
furnished by the appellant. In case of default in payment of the
additional compensation as agreed above, the 3™ respondent
shall also pay interest at the rate of 9% per annum from the date
of default. The joint settlement memo shall also form part of this
judgment.
Sd/-
MARY JOSEPH, JUDGE
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Satheesan.T : Appellant
Refnas.P.K & Others : Respondents
JOINT SETTLEMENT MEMO FILED BY THE APPELLANT AND THE
3°? RESPONDENT UNITED INDIA INSURANCE CO. LTD. IN THE
ABOVE MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE
APPEAL
The above appeal filed against the award dated 16.05.2019 in O.P(MV)
No.1288/2016 of the Motor Accidents Claims Tribunal, Manjeri has been settled
by the above parties on the following terms :
'
1) The appellant has agreed to accept a sum of Rs.50,000/- (Rupees Fifty
Thousand only) as additional compensation from the 3" respondent United
India Insurance Company Ltd., in full and final settlement of all claims arising
from the above claim. The 3" respondent United India Insurance Company Ltd.
has agreed to deposit the above amount.
2) The appellant is hereby furnish the account particulars and pan card details
of the claimant in whose name the amount is to be deposited within two months
from the date of judgment.
For UNITED INDIA INSURANCE CO. LTD.
Gey raha Ve
Appellant:
rised Signatory
0.3
3) In case the insurer fails to deposit the amount as stipulated above the
amount shall carry interest at the same rate stipulated i.e. 9% per annum from
the date of default.
4) The above settlement is reached between the parties at their free will and it
is humbly prayed that this Hon'ble Court may be pleased to record the above
sctttement and pronounce a judgment 'n terms of the above settlement.
Aadhar and Bank details of the Appellant
Aadhar No : 657591626141
Bank details : State Sank of India
Calicui Road, Perinthalmanna,
Door No. XXVI/250, VV Complex
Account No : 31215912913
IFSC Code : SBIN#HG05108
PAN Card No : DWP?PS6155C
. Dated this the 7" duy of March, 2024 at Ernakulam.
For UNITED INDIA INSURANCE CO. LTD.
Authortsed Signatory
APPELLANT :
VY
- a. Vidyasagar
Roll No.K/942/2003
Counsel for the Appellant
