Kerala High Court
Ismail vs The National Insurance Company Ltd on 6 November, 2024
2024:KER:82721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
MACA NO. 1094 OF 2017
AGAINST THE AWARD DATED 30.11.2016 IN OP(MV) NO.947 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANT/PETITIONER:
ISMAIL
S/O.ABDULLA, RAYAM MARAKKAR HOUSE,
KULAYIDAM DESOM, CHERUVALOOR P.O.,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.
SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE NATIONAL INSURANCE COMPANY LTD.
N.PARAVUR.683 512.
BY ADVS.
SRI.LAL K.JOSEPH
SRI.V.S.SHIRAZ BAVA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:82721
M.A.C.A. No. 1094 of 2017
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.947 of 2013 on
the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The
said claim petition was filed by the appellant herein, claiming an
amount of ₹2,00,000/- as compensation in respect of injury to him in
a motor accident on 07.05.2013. The Tribunal has awarded an
amount of ₹76,200/- as compensation under different heads,
directing the third respondent insurer to deposit the said amount
along with interest at the rate of 9% per annum within two months
from the date of the award. 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 memo of compromise dated 18.10.2024 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 ₹61,000/-(Rupees Sixty one thousand
only) in full and final satisfaction of all his claim in the above case
including the compensation, interest and costs throughout, within two
2024:KER:82721
months from the date of receipt of the judgment of this Court, failing
which the said amount will carry 8% interest from the date of default.
3. In the light of the joint memo of compromise filed by the
parties, the impugned award is modified by directing the third
respondent to pay an additional amount of ₹61,000/-(Rupees Sixty
one thousand only) in full and final satisfaction of all his claim in the
above case including the compensation, interest and costs
throughout, within two months from the date of receipt of the
judgment of this Court, failing which the said amount will carry 8%
interest from the date of default.
The appeal is disposed of, in terms of the joint memo of
compromise filed as above. The joint memo of compromise form
part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
1/1 MACA No.1094/2017 (CA-2024-040794 )
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
MACA No.l094 of 2017
ISMAIL Appellant
NATIONAL INSURANCE COMPANY LTD
Respondent
JOINT MEMO OF COMPROMISE FILLD IIY TllE APPELI.ANT AND
I HE RESPONDTTN I NAI'IONAL INSURANCE COMPANY LTD.
l. The above appeal is tiled against award dated 30.11.2016 in O.P(M.V.)No.
94712013 of Motor Accidents Clainrs Tribunal, lrinialakuda. This appeal is
fbr challenging the quantum awarded in this injury case by' the Motor
Accidents CIaims Tribunal. Irinjalakuda in the original petition.
2. The matter involved in the appeal has been settled between the parties. It is
agreed that the respondenVlnsurer shall deposit an additional amount of
Rs.61"0001(Rupees Sixty One Thousand Onll') in full and linal
satisfaction ol'all his claim in the above case including the compensation,
interest and costs throughout. within two months fiom the date olreceipt
oi the .judgment ol this Honourable Court. tailing which the said amount
will carry 8% interest from the date of def'ault.
3. The Appellant relinquishes her claim lor the balance amount and also
undertakes that there is no threat. coercion or undue influence in arriving
at the above settlement.
4. In the circumstances. the above appeal may be disposed in terms ol'this
joint memo of compromise, rnaking this as pan olthe tinal order.
Facts stated above are true and correct
Dated the kh aayor Pc,r%)2-_2s2a
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Respond e SUICT Counsel r Respondent
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MAYAN. R
Managor
FSO VERIFIED - 23
