Kerala High Court
Suresh Babu M S vs The New India Assurance Company Ltd on 2 November, 2024
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MACA 3767 OF 2023
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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. 3767 OF 2023
[AGAINST AWARD DATED 29.07.2023 IN OP(MV) NO.1250 OF 2020 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL,ERNAKULAM]
APPELLANT/PETITIONER:
SURESH BABU.M.S.,
AGED 38 YEARS,
S/O SUBRAMANYAN, MANAKKAPARAMBIL HOUSE, THURUTHIPADAM
LANE, EDAPALLY P O, EDAPALLY SOUTH VILLAGE, KANAYANNUR
TALUK, ERNAKULAM, PIN - 682024
BY ADV V.A.OMANAKUTTAN
RESPONDENT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LTD
2ND FLOOR, YASORAM VICTORIA TOWERS, BANERJEE ROAD,
KACHERIPADY, REP. BY THE REGIONAL MANAGER, NEW INDIA
ASSURANCE COMPANY LTD, KANDANKULATHI BUILDING, GROUND
JUNCTION, M. G.ROAD, ERNAKULAM, PIN - 682018
BY ADV RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The appellant is the claimant in OP(MV) No. 1250 of 2020 on the file
of the Motor Accidents Claims Tribunal,Ernakulam. The said claim petition
was filed by the appellant claiming an amount of ₹15,00,000/- as
compensation for the injuries sustained by him in a motor accident occurred
on 05.05.2020. The tribunal awarded an amount of ₹4,20,000/- as
compensation under different heads, directing the respondent-insurer to
deposit the said amount together with interest at the rate of 8% per annum
for the amount awarded excluding interest for ₹30,000/- awarded towards
future treatment expenses till the date of award from the date of petition till
realisation from the third respondent. Being dissatisfied with the
compensation awarded, the appellant has come up in 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
respondent-insurer submitted that they have filed a joint statement dated
08/10/2024, wherein it is stated that the appellant has agreed to accept a
consolidated sum of ₹5,90,000/- as additional compensation from the
respondent in full and final settlement of all claims and the respondent-
insurer shall effect the deposit by transfer to the respective account of the
appellant within 60 days from the date of receipt of a copy of this judgment
after receipt of the account details and PAN Card. The appellant shall
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furnish the account particulars and PAN CARD within one month from the
date of receipt of a copy of this judgment.
3. In the light of the joint statement filed by the parties, the
impugned award is modified by directing the respondent -insurer to deposit a
consolidated sum of ₹5,90,000/- (Rupees Five Lakh Ninety Thousand only)
to the account of the appellant within a period of sixty days from the date of
receipt of a copy of this judgment. The claimant shall furnish copies of the
PAN Card, AADHAAR Card and bank details before the respondent insurer
within a period of one month from the date of receipt of a certified copy of
this judgment so as to enable the insurance company to make the deposit
as ordered above. In case of failure to furnish details as above, it shall be
open for the insurance company to deposit the said amount before the
tribunal.
The appeal is disposed of, in terms of the joint statement as above.
The joint statement will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MBS/
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
Suresh Babu.M.S. :: Appellant
Vs.
NewlndiaAssurancecompanyLtd. :: Respondent
JOINT SETTLEMENT MEMO FILED BY THE APPELLANT AND THE
NEW INDIAASSURANCE CO.LTD SETTLING THE MOTOR
ACCIDENT CLAIMS APPEAL.
1. The above appeal is filed against the award dated 29.07.2023 in
O.P. (MV) No. 1250/2020 before the M.A.C.T. Ernakulam has been
settled by the above parties on the following terms.
2.The appellant has agreed to accept a consolidated sum of Rs.5,90,000/-
(Rupees Five lakhs ninety thousand only) as additional compensation from
the 3rd respondent , New India Assiirance Company Ltd. in full and final
settlement of all claims arising from the above claim. The above
respondent insurance has agreed to deposit the above amount. The
appellant shall furnish account particulars and PAN Card within one
month from the date of the judgment.
3. The insurance company shall effect the deposit by transfer to the
respective account of the appellant within 60 days from the date of
judgment after receipt of the account details and PAN Card.
4.The above settlement is reached between the parties at their free will
and it is humbly prayed that this Hon'ble Court may be pleased to record
the above settlement and pronounce a Judgment in terms of the above
settlement.
Dated this the 8th day of October, 2024®
Appellant:
Suresh Babu.M.S.
Counsel for the Appellant
