Kerala High Court
Nisar T P vs Madhavan P on 2 November, 2024
2024:KER:81580
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
MACA NO. 3317 OF 2023
AGAINST THE AWARD DATED 01.06.2023 IN OP(MV) NO.17 OF
2019 OF II ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL,
KOZHIKODE
APPELLANT/PETITIONER:
NISAR T P
AGED 42 YEARS, S/O KUNHEETHEENKOYA,
KUZHIPPALI, AMBILOLI, P.O.PANTHEERANKAVU,
PERUMANNA, KOZHIKODE, PIN - 673 019.
BY ADV
SMT. DIVYA B.NAIR
RESPONDENTS/RESPONDENTS:
1 MADHAVAN P
S/O PAZHANIMALA, H.NO. 135, MARUTHADIKALAM,
KOOMANKADU, THATHAMANGALAM, CHENTHAMARANAGAR,
PALAKKAD, PIN - 678 102.
2 ASBIRUDHEEN A.
S/O POKKER, AGED 25 YEARS,
AMBILOLI, PUTHOORMADAM, P.O.PANTHEERANKAVU,
KOZHIKODE, PIN - 673 019.
3 UNITED INDIA INSURANCE CO. LTD
RAMEEZ ARCADE, CHEROOTY ROAD,
KOZHIKODE-PIN - 673 032,
REPRESENTED BY ITS DIVISIONAL MANAGER.
BY ADV
SMT. RAJI T.BHASKAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:81580
M.A.C.A. No. 3317 of 2023
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.17 of 2019 on the
file of the II Additional Motor Accidents Claims Tribunal/III Addl.
District Judge, Kozhikode. The said claim petition was filed by the
appellant herein, claiming an amount of ₹7,00,000/- as
compensation in respect of injury to him in a motor accident on
08.07.2018. The Tribunal has awarded an amount of ₹1,37,988/-/-
as compensation under different heads, directing the third
respondent insurer to deposit the said amount along with interest at
the rate of 8% 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 28.06.2024 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 Rs.84,000/-(Rupees Eighty four
thousand Only) inclusive of all interest and cost to the appellant by
2024:KER:81580
way of full and final settlement of all the claims of the appellant
against the 3rd respondent. The 3rd respondent hereby agrees to
deposit the above amount before the Tribunal within a period of 2
months from the date of receipt of a copy of the judgment from this
Court, in case of default as stated above the 3 rd respondent is liable
to pay interest @ 8% 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 Rs.84,000/-(Rupees Eighty four thousand
Only) inclusive of all interest and cost to the appellant by way of full
and final settlement of all the claims of the appellant against the 3 rd
respondent. The 3rd respondent is directed to deposit the above
amount before the Tribunal within a period of 2 months from the
date of receipt of a copy of the judgment from this Court, in case of
default as stated above the 3rd respondent is liable to pay interest @
8% 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.3317/2023 (CA-2024-025876 )
BEFORETHEHONOUIRABLEHIGHCOURTOFKERALAAT
ERNAKULAM
M.A.C.ANO. 3317 0F 2023
Nisar T P : Appellant
Madhavan p & Others : Respondents
FILED BY THE
1. The above appeal is filed against the award in OP(MV)
No.17/2019 dated 01-06-2023 on the file of the IInd
Additional Motor Accident Claims Tribunal, Kozhikode. The
original petition is filed by tile appellant claiming
compensation in respe`3t injuries caused to the appellant in
a road traffic accidenl. occurred on 08-07-2018 at about
7.45 p.in while the a])pellant was riding the motor cycle
bearing Reg. No. KL-lo/:{-1474 along the Perumanna-
Puthoormadom road and when he reached near Pemmanna
petrol pump a Car bearing Beg. No. KL-9/AK-7200 came in
a rash ai-+d negligent manrler and hit upon the motor cycle.
The Tribunal had granted Rs.1,37988/- as compensation
along with interest from th€! date of claim petition.
Appellant:-
NisarTP fry
Respondent Ho.#j-tln: ted India Insurance Company Limited
For UNITED INDIA INSURANCE 60. L:[D.
Autliorise® lonatory
FSO VERIFIED - 15
Joint Statement 2/3 MACA No.3317/2023 (CA-2024-025876 )
It is challenging the quantum of compensation that the above
appeal is filed. Since the 3rd respondent had admitted the
coverage of the insurance policy in respect of the offending
vehicle, the liability to pay the compensation is on the 3rd
respondent. Hence the settlement is arrived at between the
appellant and the 3rd respondent.
The appellant above namett and the 3rd respondent have
negotiated the matter out of court and willingly arived at a
compromise settlement in full and final settlement of all the
claims of the appellant agair]st the respondent arising out of
the accident and the original petition mentioned above. It is
agreed that the 3rd respondent insurance company shall pay
an additional amount of Rs.84,000/-(Rupees Eighty Four
Thousand Only) inclusive of all interest and cost to the
appellant by way of full and final settlement of all the
claimsof the appellant against the 3rd respondent.
3. The 3rd respondent hereb}' agrees to deposit the above
amount before the Tribunal within a period of 2 months
from the date of receipt of a copy of the judgment from the
Honourable High Court, in case of default as stated above
the 3rd respondent is liable to pay interest @ 8% from the
date of default.
Appellant:-
NisarTP S~
Respondent:3',United India Insurance Company Limited
For UNITED INDIA INSURANCE CO. LTD.
A"ri8Odtrz'
FSO VERIFIED - 15
Joint Statement 3/3 MACA No.3317/2023 (CA-2024-025876 )
4. There is no threat, coercion or undue influence in arriving at
the above settlement.
This settlement will form part of the judgment of the Honourable
High Court of Kerala.
Dated this the g29+bday of LJune, 2024
Appellant:-
For UNITED INDIA INSIIRANCE CO. LTD.
NisarTP SA4giv.
lonatory t` _=
Respondent: 3 '|bnited Inida Insurance Company Limit€
D{se±r Rfi3[ r, , frAQ
Counsel for the Appellant Counsel for the 3rd respondent
FSO VERIFIED - 15
