Kerala High Court
K.V.Sisily vs Mr.Nishad.K.H on 1 November, 2024
2024:KER:81316
M.A.C.A. No. 765 of 2017
1
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. 765 OF 2017
AGAINST THE AWARD DATED 12.01.2017 IN OP(MV) NO.584
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,PERUMBAVOOR
APPELLANT/PETITIONER:
K.V.SISILY
AGED 61 YEARS, W/O. K.M.BABU,
KACHIRAYIL HOUSE, ALUVA WEST,ALUVA P.O.,
ERNAKULAM - 683 101.
BY ADV
SRI.K.V.RAJAN
RESPONDENTS/RESPONDENTS:
1 MR.NISHAD.K.H.
S/O. HASSAN, 2/2(8/316),
KALARICKAL HOUSE, THODUPUZHA EAST P.O.,
KARIKKODE, IDUKKI DISTRICT - 685 585.
2 NATIONAL INSURANCE CO. LTD
1ST FLOOR, PULIMOOTTIL SHOPPING ARACDE,
THODUPUZHA, IDUKKI DISTRICT,KERALA - 685 584.
BY ADV
SMT. RAJI T.BHASKAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:81316
M.A.C.A. No. 765 of 2017
2
JUDGMENT
The appellant is the claimant in O.P. (MV) No.584 of 2014
on the file of the Motor Accidents Claims Tribunal, Perumbavoor.
The said claim petition was filed by the appellant herein,
claiming an amount of ₹34,00,000/- as compensation in respect
of injury to her in a motor accident on 27.05.2013. The Tribunal
has awarded an amount of ₹17,90,750/- as compensation under
different heads, directing the second respondent insurer to
deposit the said amount along with interest at the rate of 9%
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 second respondent insurer submitted
that the matter has been settled and a joint memo dated
08.08.2024 has been filed before this Court, wherein it is stated
that the claim of the appellant has been settled by the second
respondent-insurer, agreeing to pay an amount of ₹8,67,000/-
(Rupees eight lakhs and sixty seven thousand only) in full
2024:KER:81316
satisfaction of the claim without interest or costs and that the
appellant/petitioner having agreed to accept the offer in full
satisfaction of the claim, within two months from the date of
receipt of copy of the order to the bank account of the
appellant, failing which the amount will carry interest @ 9% per
annum.
3. In the light of the joint memo filed by the parties, the
impugned award is modified by directing the second respondent
to pay an amount of ₹8,67,000/- (Rupees eight lakhs and sixty
seven thousand only) in full satisfaction of the claim without
interest or costs and that the appellant/petitioner having agreed
to accept the offer in full satisfaction of the claim, within two
months from the date of receipt of copy of the order to the bank
account of the appellant, failing which the amount will carry
interest @ 9% per annum.
The appeal is disposed of, in terms of the joint memo filed
as above. The joint memo form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
1/1 MACA No.765/2017 (CA-2024-038095 )
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
EFINAKULAM
MACA No. 76sl2ol7
In
Appellant/ Petitioner : K.V.Sisily, W/o K.M.Babu,
Kachirayil House,
Aluva west, Aluva P.O.,
Ernakularn-583 101 .
Vs.
Respondent/ 2nd Respondent National Insurance Co.Ltd.
Divisional Office, Vettiyil Chambers,
Ravipuram, M.G.Road,
Ernakulam-682O16.
JOINT MEMO FILED ON BEHALF OF THE APPELLANT/ PETITIONER
AND THE RESPONDENT
It is respectfully submiu.ed that the respondent insurer having
agreed to pay a sum of Rs. 8,67,OOO/- (Rupees eight lakhs and sixty
seven thousand only) in full slrtisfaction of the claim without interest or
costs and that the Appellant/petitioner having agreed to accept the offer
in full satisfaction of the claim within two months from the date oI
receipt of copy of the order ro the bank account of the appellant failing
which the amount will cariy iDterest @ 9Yo per annum. The Honourable
High court may be pleased to p.iss the order.
Dated the 8fr day oi'August, 2024
gTI;r.SIR
s{tr6
AYAN. R
K.V.Si v, rer Manager
(Appellan Petitioner ) (National Insurance Co Lrd)
Adv. K.V.Rajan, rPt
Counsel for r.h Apoellant. C ounse
$ryaayaq
or the Insurer
FSO VERIFIED - 24
