Dhanushya (Minor) vs The Divisional Manager
2024 Latest Caselaw 5552 Ker

Kerala High Court

Dhanushya (Minor) vs The Divisional Manager on 16 February, 2024

MACA.No.1132/2019                    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. 1132 OF 2019
AGAINST THE ORDER/JUDGMENT OPMV 1821/2015 OF MOTOR ACCIDENT
                    CLAIMS TRIBUNAL ,KOTTAYAM
APPELLANT/PETITIONER:

           DHANUSHYA (MINOR),
           AGED 13 YEARS,
           (DOB-06-06-2005), REPRESENTED BY HER FATHER AND
           NEXT FRIEND, MURUGHAN, S/O.PUKALUM, PERUMAL
           THEVAR, MATTATHIL @ MATTAKKARA, KUZHIMATTOM
           P.O.KOTTAYAM.

           BY ADVS.
           P.M.JOSHI
           SMT.SIJI K.PAUL


RESPONDENT/3RD RESPONDENT:

           THE DIVISIONAL MANAGER,
           THE NEW INDIA ASSURANCE CO.LTD, KOTTAYAM-1,

           BY ADV RAJAN P.KALIYATH


     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.1132/2019                   2




                          JUDGMENT

The appellant is the petitioner in O.P.(MV).No.1821 of 2015

on the file of the Motor Accidents Claims Tribunal, Kottayam.

The said claim petition was submitted seeking compensation for

the injuries sustained to her in a motor accident that occurred on

30.09.2015. Claim petition was submitted by her seeking a total

compensation of Rs.1,50,000/-. The Tribunal passed an award

allowing a total compensation of Rs.59,134/- 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 the end of

December, 2016 and thereafter, 7% per annum till realization.

This appeal is submitted challenging the same.

2. Heard Sri.P.M.Joshi, learned counsel for the appellant

and Sri.Rajan P.Kaliyath, 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.30,000/- (Rupees thirty

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 25.01.2024, this appeal is

disposed of modifying the award dated 27.11.2018 passed by the

Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.1821

of 2015 by granting an additional amount of Rs.30,000/- (Rupees

thirty 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 7% 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