Kerala High Court
Haridasan vs Sreejan.P.S on 17 October, 2024
2024:KER:77097
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
MACA NO. 2139 OF 2024
AGAINST THE AWARD DATED 06.11.2021 IN O.P (MV) NO.552 OF 2019
OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPELLANT/PETITIONER :-
HARIDASAN, AGED 68 YEARS
CHALUPARAMBATH HOUSE, KURINCHALIYODE P.O,
VATAKARA TALUK,, PIN - 673542
BY ADVS.
ZUBAIR PULIKKOOL
U.ANANDAPADMANABHA MENON
AZHAR M.
RESPONDENTS/RESPONDENTS :-
1 SREEJAN.P.S, AGED 46 YEARS
PADATHALA HOUSE, ERAMALA,ORKKATTERI PO,
VATAKARA TALUK, PIN - 673501
2 NEW INDIA ASSURANCE CO LTD
AL-MUBARAK BUILDING,EDODI, VATAKARA,
[REPRESENTED BY BRANCH MANAGER], PIN - 673101
MACA NO. 2139 OF 2024
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2024:KER:77097
BY ADVS.
SURESH SUKUMAR
K.P.RENJINI(R-397)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2139 OF 2024
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2024:KER:77097
JUDGMENT
The appellant is the claimant in O.P.(MV) No.552 of 2019
on the file of the Motor Accidents Claims Tribunal, Vatakara. The
said claim petition was filed by the appellant claiming an amount of
₹15,76,000- limited to ₹10,00,000/-, as compensation in respect of
injuries sustained by the appellant in a motor accident on
27.11.2017. The Tribunal awarded an amount of ₹3,18,480/- as
compensation under different heads, directing the 2nd respondent-
insurer to deposit the said amount along with interest at the rate of
9% per annum from the date of filing the claim petition, 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 second respondent insurer submitted that they have
filed a joint statement dated 24.09.2024, wherein it is stated that
the claim of the appellant has been settled by the
MACA NO. 2139 OF 2024
2024:KER:77097
respondent/second respondent-insurer, agreeing to deposit a
further amount of ₹1,00,000/- (Rupees one lakh only) including
interest 8% per annum as additional compensation in the account of
the appellant within a period of one month 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 second respondent
insurer to deposit an amount of ₹1,00,000/- (Rupees one lakh only)
including interest 8% as additional compensation before the
Tribunal 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
claimants shall furnish copies of the PAN Card, AADHAAR Card and
bank details before the second 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
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2024:KER:77097
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
SMA
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
M.A.C.A. No 2139 of 2024
Haridasan : Appellant/ Petitioner
VS
Sreejan P.S & another: Respondent/4th Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE 2nd
RESPONDENT - INSURANCE COMPANY
1. The above appeal was filed by the
enhancement of compensation in
appellant, for
motor vehicle
accident Case. The appellant is the claimant in OPMV
552/2019 On the file of MACT Vatakara. The 2nd
respondent in the OPMV 552/2019 a dmitted the
insurance policy. In a mediation talk the matter has
been settled.
2. The appellant sustained 6. 48%
disability in the
accident. The appellant and the
have negotiated the matter outside the COurt
insurance Company
and
arrived into a Compromise settlement in full and
final settlement of all claims of the appellant. It
is agreed that the respondent insurance Company shall
pay an additional amount of Rs.l,00,000/- (one lakh
only) . The said amount is including the interest
also.
3. The respondent Insurance company hereby agrees to
deposit the above said amount before the Tribunal
within a period of one month from the date of receipt
of Copy of the Judgment. In Case of default of
payment Within One month as stated above the
respondent insurance Company is liable to pay the
interest at the rate of 8%
of : ACompany Ltd.
For and on Behalf
The New India
Assuran
Duly Constituted Attorney
bdi
A as s
The
4. There is no threat or coercion or undue influence
in arriving at the above settlement. The settlement
will form part of the Judgment of this Hon 'ble Court.
Dated this the 24th day of September 2024.
For and on Behalf of :
The New India Assurance Çompany Ltd.
3\ERNAKULAMR
faf fsa 3fura
eNew India Assut Duly Constituted Attorney
APPELLANT 2nd RESPONDENT
COUNSÉL FOR COUNSEL FOR
THE APPELLANT THE 2nd RESPONDENT
SURES:H SUKUMAR
AD\OCE
Reg: No:K/634i1997
Mob: 892161 21 31
