Kerala High Court
Jenson vs The Divisional Manager on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
MACA NO.3201 OF 2017
AGAINST THE JUDGMENT AND AWARD DATED 2.8.2017 IN OPMV NO.4/2014 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM
APPELLANT/PETITIONER:
JENSON
AGED 24 YEARS
S/O.VARGHESE, KALLIDIKKAL HOUSE,
KURICHY VILLAGE, CHANGANACHERRY.
BY ADVS.
SRI.P.M.JOSHI
SMT.SIJI K.PAUL
RESPONDENT/3RD RESPONDENT:
THE DIVISIONAL MANAGER
NEW INDIA INSURANCE COMPANY LIMITED, KOTTAYAM-1.
BY ADV RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO.3201 OF 2017
2
JUDGMENT
This appeal arises from Award dated 02.08.2017 in O.P.(M.V.)
No.4/2014 on the file of Motor Accident Claims Tribunal,
Kottayam. The said claim petition was filed by the appellant
seeking compensation for the injuries sustained to him in the motor
accident that occurred on 13.02.2013. Even though the appellant
claimed an amount of Rs.2,00,000/- as the compensation, the
Tribunal awarded an amount of Rs.1,30,000/- and the respondent
Insurance Company was directed to deposit the said amount along
with interest @ 8% per annum from the date of petition till
realisation with proportionate cost. This appeal is submitted by the
appellant being dissatisfied with the quantum of compensation.
2. Heard Sri.P.M. Joshi, learned counsel for the appellant
and Sri.Rajan P. Kaliyath, learned counsel appearing for the
respondent.
3. Today, when the matter came up for consideration, the
appellant and the respondent filed a joint statement, as per which it
MACA NO.3201 OF 2017
was conveyed that the claim of the appellant was settled by the
respondent by agreeing to pay an amount of Rs.1,01,000/- inclusive
of interest in addition to the amount already awarded by the
Tribunal.
In the light of the aforesaid joint statement, this appeal is
disposed of modifying the award referred to above by granting an
additional amount of Rs.1,01,000/- (Rupees one lakh and one
thousand only) inclusive of interest to the appellant 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 the judgment. In
case of any failure in making the said deposit, it shall be open for
the appellant to recover the said amount from the respondent with
interest @ 7% per annum from the date of default. The joint
statement shall form part of the judgment. It is further clarified that
the claimant shall furnish the details of the PAN card, Aadhar Card
and bank details to enable the Insurance Company to make the
deposit as ordered above, within period of one month from the date
MACA NO.3201 OF 2017
of receipt of a copy of this judgment. In case, he fails to furnish the
said details, it shall be open for the insurance company to deposit
the same amount before the Tribunal.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
