Kerala High Court
Basheer vs Anvar Hussain on 15 February, 2024
MACA.No.898/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
MACA NO. 898 OF 2020
AGAINST THE ORDER/JUDGMENT OPMV 633/2018 OF PRINCIPAL MOTOR
ACCIDENT CLAIMS TRIBUNAL,KOZHIKODE
APPELLANTS/PETITIONERS:
1 BASHEER,
AGED 56 YEARS,
S/O.MAYIN, 12/235, OTHAYAMANGALATH HOUSE,
PUTHUR P.O., OMASSERY, KOZHIKODE.
2 FATHIMA,
AGED 50 YEARS,
W/O.BASHEER, 12/235, OTHAYAMANGALATH HOUSE,
PUTHUR P.O., OMASSERY, KOZHIKODE.
3 SHANU NIHAL O.M.,
AGED 19 YEARS
S/O.MAYIN, 12/235, OTHAYAMANGALATH HOUSE,
PUTHUR P.O., OMASSERY, KOZHIKODE.
BY ADV.ANIL KUMAR K.P.
RESPONDENTS/RESPONDENTS:
1 ANVAR HUSSAIN,
AGED 33 YEARS,
S/O.ABOOBACKER HAJI, THAZHE POYIL HOUSE, PUTHOOR
P.O., KODUVALLY, KOZHIKODE-673 572.
MACA.No.898/2020 2
2 SHRIRAM GENERAL INSURANCE COMPANY LTD.,
REPRESENTED BY THE MANAGER/AUTHORISED SIGNATORY,
TRIDENT COMPLEX, CHEROOT ROAD, KOZHIKODE-673 001.
3 SREEJESH,
NADUVILAKANDIYIL HOUSE, CHORODE EAST P.O.,
VADAKARA, KOZHIKODE-673 106.
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA.No.898/2020 3
JUDGMENT
The appellant is the petitioner in O.P.(MV).No.633 of 2018 on
the file of the Principal Motor Accidents Claims Tribunal,
Kozhikode. The said claim petition was submitted by the appellants
seeking compensation for the death of one Muhammed Niyas in a
motor accident that occurred on 16.10.2017. Claim petition was
submitted by them seeking a total compensation of Rs.10,00,000/-.
The Tribunal passed an award allowing a total compensation of
Rs.15,66,400/- and the 2 nd respondent was directed to deposit the
same along with interest at the rate of 8% per annum from the date
of petition till realization. This appeal is submitted challenging the
same.
2. Heard Sri.K.P.Anil Kumar, learned counsel for the
appellants and Sri.P.Jacob Mathew, learned counsel for the 2 nd
respondent.
3. The appellant and the 2 nd respondent had filed a joint
settlement memo to the effect that the matter has been settled
between the parties and as per the settlement the 2 nd respondent
had agreed to deposit a further sum of Rs.2,65,612/-(Rupees two
lakhs sixty five thousand six hundred and twelve only) inclusive of
interest in full and final satisfaction of the claim of the appellant.
4. In the light of the aforesaid settlement, as evidenced by
the joint settlement memo dated 02.01.2024, this appeal is
disposed of modifying the award dated 28.11.2019 passed by the
Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV).No.633 of
2018 granting an additional amount of Rs.2,65,612/- (Rupees two
lakhs sixty five thousand six hundred and twelve only) inclusive of
interest to the appellant herein and the said amount shall be
deposited by the 2nd respondent Insurance Company within a
period of two months from the date of receipt of a copy of the
judgment, failing which, the said amount will carry interest at the
rate of 5% per annum from the date of default. The joint
settlement memo will form part of the judgment.
5. It is further ordered that the claimants 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 a period of one month from the date of receipt of a copy of
this judgment. In case, they fail 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
DG/15.2.24
