Kerala High Court
Muhammed Noushad vs Rishi on 1 November, 2024
2024:KER:81304
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
MACA NO. 1545 OF 2024
AGAINST THE AWARD DATED 26.12.2023 IN OP(MV) NO.2344
OF 2017 OF THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-
II, THRISSUR
APPELLANT/CLAIMANT:
MUHAMMED NOUSHAD
AGED 52 YEARS, S/O IBRAHIM,
PANIKKAVEETTIL KURUPPATH HOUSE,
KIZHAKKUMPURAM, P.O. KUNDALIYUR, ENGANDIYUR,
THRISSUR-, PIN - 680 615.
BY ADVS.
SRI. A.R.NIMOD
SRI. M.A.AUGUSTINE
RESPONDENTS/RESPONDENTS:
1 RISHI
S/O SURESH (LATE),
CHELOOR KALARIKKAL HOUSE,PADIYAM DESOM,
KANDASSANKADAVU P.O., THRISSUR-, PIN - 680 613.
2 VINOD V.V
S/O VIJAYAN, VELANGOTTUPARAMBIL HOUSE, CHITTISSERY
P.O., THRISSUR-, PIN - 680 301.
3 UNITED INDIA INSURANCE COMPANY LIMITED
MO CHEVOOR, JJ COMPLEX, CHEVOOR P.O.,
THRISSUR, PIN - 680 027,
REPRESENTED BY BRANCH MANAGER.
BY ADV
SRI. P.A.REZIYA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:75574
M.A.C.A. No. 1545 of 2024
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.2344 of 2017
on the file of the Additional Motor Accidents Claims Tribunal-II,
Thrissur. The said claim petition was filed by the appellant
herein, claiming an amount of ₹15,00,000/- as compensation in
respect of injury to him in a motor accident on 06.05.2017. The
Tribunal has awarded an amount of ₹13,42,186/- as
compensation under different heads, directing the third
respondent insurer to deposit the said amount along with
interest at the rate of 7% per annum from the date of petition
till the date of realisation. Being dissatisfied with the quantum
of the compensation awarded, the claimant has come up with
the appeal.
2. Today, when the matter came up for consideration,
the learned counsel for the appellant as well as the learned
Standing Counsel for the third respondent insurer submitted
that the matter has been settled and a joint statement dated
12.08.2024 has been filed before this Court, wherein it is stated
that the claim of the appellant has been settled by the third
respondent-insurer, agreeing to pay an additional amount of
2024:KER:75574
₹3,75,000/- (Three Lakhs Seventy Five Thousand only) inclusive
of all interest and costs to the appellant by way of full and final
settlement of all the claims of the appellant against the 3rd
respondent. The 3rd respondent shall deposit the said amount
by way of account transfer to the appellant's account, the
details of which was provided along with joint statement. The
3rd respondent will deposit the agreed amount within a period of
three months from the date of receipt of the copy of the
judgment from the this Court. If the amount is not paid within
the period of three months as stated above, the said settled
amount will carry interest @ 8% p.a. from the date of default.
3. In the light of the joint statement filed by the parties,
the impugned award is modified by directing the third
respondent to pay an additional amount of ₹3,75,000/- (Three
Lakhs Seventy Five Thousand only) inclusive of all interest and
costs to the appellant by way of full and final settlement of all
the claims of the appellant. The 3rd respondent shall deposit the
said amount by way of account transfer to the appellant's
account, the details of which was provided along with joint
statement. The 3rd respondent will deposit the agreed amount
2024:KER:75574
within a period of three months from the date of receipt of the
copy of the judgment from the this Court. If the amount is not
paid within the period of three months as stated above, the
said settled amount will carry interest @ 8% p.a. from the
date of default.
The appeal is disposed of, in terms of the joint statement
filed as above. The joint statement form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
Joint Statement 1/3 MACA No.1545/2024 (CA-2024-039496 )
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
M.A.C.A. NO. 1545 I 2024
Muhamrned Noushad : Appellant/Petitioner.
Vs.
Rishi & Others : Respondents/Respondents
JOINT STATEMENT FILED BY THE APPELI.ANT AND THE
3rd RESPONDENT
1. The above appeal is filed by the claimant against the award dated
26.12.2023 in O.P.(MV) No. 234412017 on the file of the II
Additional Motor Accidents Claims Tribunal, Thrissur. The Tribunal
awarded an amount of Rs.13,12.,186 as compensation along with
interest and directed the 3rd respondent united India Insurance
Cornpany Limited to deposit the antount.
2. The claimant has filed the present appeal challenging the quantum
of corrpensation. The appellant above named and united India
Insurance Company Limited have negotiated the matter out of court
and r,villingly arrived at a compromise settlemejnt in full and final
settlement of all the clairns of tire appellant against the united India
Insurance company Limited arising out of the accident and the
original petition mentioned above.
3. It is agreed that united india Inru.un"e company Limited shal pay
an additional amount of Rs.3,75,000/- ( Three Lakhs Seventy Five
Thousand only ) inclusive of all interest and costs to the appellant by
hEC* For Ut{lTEO ilDtA I{SUBAI{GE
C0, .TD.
ft
\.Ei"Y
^*.##;"
FSO VERIFIED - 48
Joint Statement 2/3 MACA No.1545/2024 (CA-2024-039496 )
-
way of full and final settlement of all the claims of the appellant
against United India Insurance Cornpany Limited (3rd respondent).
4. The 3rd respondent shall deposit the said amount by way of account
.. r,,l'i.,.li
transfer to the appellants account, the dctails of rvhich will be
provided along x,ith joint statement.
5. The United India Insurance Company Limited will deposit the
above amount of Rs.3,75,000/- ( Three Lakhs Seventy Five Thousand
Only ) within a period of three months from the date of receipt of the
copy of the judgment from the Hon'ble High Court before the
Tribunal. If the amount is not paid rvithin the period of three months
as stated above the said settled amount would carry interest @ 8% p.a.
from the date of default.
6. There is no threat, coercion or undue influence in arriving at the
above settlement. There is no mistake in arriving at the settlement
either.
We humbly request this Hon'ble Court to ,..orA this joint statement
and to pass a judgment in terms thereof.
Date<I on this *e1 fle?ayof August, 2024
Appeilant: Counsel
t\tt*,52
Muhammed Noushad, aged Adi,
years S/o Ibrahim,Panikkaveettil
Kuruppathh ou se,Kizhakkumpurarn
t
, P.O.Kundaliyur, Engandiyur,
FOr IINITED IT{DIA Ii{SURANCE CO. LTD
J-Y
Atfiodsed Signator
FSO VERIFIED - 48
Joint Statement 3/3 MACA No.1545/2024 (CA-2024-039496 )
L
Thrissur-680 615.
NITED II{DIA II{SURAI{CE CO. LTD.
United India Insurance ao*oun\S
Limited ,/
FSO VERIFIED - 48
