Kerala High Court
Reghunathan Nair vs Sairn. S on 21 November, 2024
MACA NO. 2041 OF 2024 1 2024:KER:87330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
MACA NO. 2041 OF 2024
AGAINST THE AWARD DATED 15.11.2023 IN OP(MV)NO.1483 OF
2019 OF ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL,MAVELIKKARA
APPELLANT/PETITIONER:
REGHUNATHAN NAIR
AGED 49 YEARS
S/O.THANKAPPAN NAIR, NADUVILETHU,
THRIUVANVANDOOR P.O., ALAPPUZHA, PIN - 689109
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
THOMAS THOMAS
JEENA A.V.
RESPONDENTS/RESPOINDENTS 1 TO 3:
1 SAIRN. S
AGED 19 YEARS
S/O. SANIL KUMAR, KALLUVIL PUTHENVEEDU, MUNDACKAL
JAYANTHI COLONY, PERUMPUZHA P.O., KOLLAM,
PIN - 691504
2 JALAJA S.
EDAYILE VEEDU, KAYYALATHU KUTTOOR P.O, THIRUVALLA ,
ALAPPUZHA, PIN - 689106
3 NEW INDIA ASSURANCE CO.LTD.
REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE,
KOLLAM, PIN - 691001
MACA NO. 2041 OF 2024 2 2024:KER:87330
BY ADV M.N.UMARANI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2041 OF 2024 3 2024:KER:87330
JUDGMENT
The appellant is the claimant in OP(MV) No.1483 of 2019 on the
file of the Additional Motor Accidents Claims Tribunal, Mavelikara.
The said claim petition was filed by the appellant claiming an amount
of ₹28,00,000/- as compensation for the injuries sustained by him in
a motor accident occurred on 19.12.2018. The tribunal awarded an
amount of ₹16,06,251/- as compensation under different heads,
directing the respondent insurer to deposit the said amount along
with interest at the rate of 8% per annum from the date of filing the
claim petition, i.e., 14.10.2019, till realization. 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 19.10.2024, wherein it is stated that the claim
of the appellant has been settled by the respondent insurer, agreeing
to deposit a further amount of ₹5,42,000/- including interest as
additional compensation in the account of the appellant within a
MACA NO. 2041 OF 2024 4 2024:KER:87330
period of two months from the date of receipt of a copy of this
judgment, failing which, the said amount will carry interest at the
rate of 8% per annum 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 respondent insurer to
deposit an amount of ₹5,42,000/- (Rupees five lakh forty two
thousand only) including interest as additional compensation in the
account of the appellant within a period of two months from the date
of receipt of a copy of this judgment, failing which, the said amount
will carry interest at the rate of 8% per annum from the date of
default. 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
MACA NO. 2041 OF 2024 5 2024:KER:87330
above. The joint statement will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MC/21.11
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Reghunathan Nair . Appellant / Petitioner
Vs
Sarin S & others : Respondents/ Respondents
JOINT MEMO OF COMPROMISE SUBMITTED BY THE APPELLANT
AND 3R° RESPONDENT, NEW INDIA ASSURANCE CO.LTD
1. The above appeal is filed against the award dated 15.11.2023 in
O.P (MV) No. 1483/2019 of the Hon'ble Additional Motor
Accidents Claims Tribunal, Mavelikara.
2. The learned Tribunal awarded a compensation of Rs.
16,06,251.00 with 8% simple interest from the date of original
petition (i.e. from 14.10.2019) till the date of deposit and with
proportionate costs from the 3t respondent Insurance Company.
Challenging the quantum of the said award the claimant filed this
appeal.
3. However the matter involved in the above appeal has been
discussed and settled between the parties on 06-08-2024 in the
Adalath proceedings held at hon'ble High Court of Kerala. As per
the same the appellant has agreed for an amount of Rs.
5,42,000/- (Rupees five lakhs forty two thousand only) including
interest in addition to the compensation ;ah:ea;;l&'éfi%ftql&w@sz'r'the
Hon'ble Additional Motor Accidents Claims Tribunal, Mavelikara
as full and final settlement of all the claims in. the appeal. The
respondent insurer has also agreed to deposit the above amount
in the account of the appellant.
APPELLANT '%Q_\':J SNRESPONDENT
e
Counsel for the Appellant Counsel for the 3¢ Respondent
4. The appellant shall furnish the bank account particulars of the
appellant within one month from the date of the judgment. The
respondent shall then deposit the said amount within two months
from the date of receipt of the account particulars. Incase of
failure on the part of insurer to deposit the amount after receiving
the account particulars of the appellant as stipulated above the
said amount shall carry an interest at the rate of 8% from the
date of default.
5. The appellant relinquishes all his claim for balance amount and
his claim against other respondents and also undertake that there
is no threat, coercion or undue influence in arriving at the above
settlement.
6. In the circumstances, the above appeal may be disposed of in
terms of this joint memo of compromise, making this as a part of
the final order.
Whall all facts stated above are true and correct
Dated this the 19t day of October, 2024
APPELLANT 'é FYRESPONDENT
Behalf of:-
?.."ufu'l"m 'Assurance Company Ltd.
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