Kerala High Court
Dhoraraj vs Sbi General Insurance on 16 February, 2024
MACA.No.718/2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
MACA NO. 718 OF 2018
AGAINST THE ORDER/JUDGMENT OPMV 607/2014 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL , PALAKKAD
APPELLANT/PETITOINER:
DHORARAJ,
AGED 44 YEARS,
S/O.KARUPPASAMI AMMINI NIVAS,
CHULLIYODU C.N. PURAM, PALAKKAD.
BY ADVS.
SRI.JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENT/RESPONDENT:
SBI GENERAL INSURANCE,
PALAKKAD PIN 678 001.
BY ADVS.
SRI.K.J.SAJI ISAAC
DR.ELIZABETH VARKEY
SRI.JITHIN SAJI ISAAC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA.No.718/2018 2
JUDGMENT
The appellant is the petitioner in O.P.(MV).No.607 of 2014
on the file of the Motor Accidents Claims Tribunal, Palakkad.
The said claim petition was submitted by him seeking
compensation for the injuries sustained to him in a motor
accident that occurred on 13.02.2014. Claim petition was
submitted by him seeking a total compensation of Rs.4,00,000/-.
The Tribunal passed an award allowing a total compensation of
Rs.1,98,500/- and the respondent was directed to deposit the
same along with interest at the rate of 9% per annum from the
date of petition till realization. This appeal is submitted
challenging the same.
2. Heard Sri.Jacob Sebastian, learned counsel for the
appellant and Sri.K.J.Saji Jacob, learned counsel for the
respondent.
3. The appellant and the 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 respondent
had agreed to deposit a further sum of Rs.1,80,000 (Rupees one
lakh eighty thousand 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 20.12.2023, this appeal is
disposed of modifying the award dated 05.05.2017 passed by the
Motor Accidents Claims Tribunal, Palakkad in O.P.(MV).No.607
of 2014 granting an additional amount of Rs.1,80,000 (Rupees
one lakh eighty thousand only) inclusive of interest to the
appellant herein and the said amount shall be deposited by the
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 8% per annum
from the date of default. The joint settlement memo will form
part of the judgment.
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/16.2.24
