Kerala High Court
Muralinadh.U vs New India Assurance Company Ltd on 22 October, 2024
2024:KER:78404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE M₹ JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
MACA NO. 3096 OF 2023
AGAINST THE AWARD DATED IN OP(MV) NO.1128 OF 2018 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:
MURALINADH U.
AGED 47 YEARS, S/O GOPI.U,
ULLATTUTHODI(H),PANTHEERANKAVU P.O,
KOZHIKODE DT, PIN - 673 019.
BY ADVS.
SMT. PRAJISHA M.
SRI. N.V.P.RAFEEQUE
RESPONDENT/3RD RESPONDENT:
NEW INDIA ASSURANCE COMPANY LTD.
REP BY DIVISIONAL MANAGER, BRANCH OFFICE,
VEDA VYASA SHOPPING COMPLEX,
NORTH BEYPORE,KOZHIKODE DT,PIN - 673 015.
BY ADV
SRI. MATHEW GEORGE VADAKKEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:75574
M.A.C.A. No. 3096 of 2023
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1128 of 2018 on
the file of the Motor Accidents Claims Tribunal, 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 19.07.2017. The Tribunal awarded an
amount of ₹2,07,280/- 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 appellant has come up
with this 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 the matter has
been settled between the parties and a joint statement dated
22.12.2023 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 amount of ₹60,000/-
(Rupees Sixty thousand only) to the appellant as full and final
2024:KER:75574
settlement of all claims. The third respondent agreed to deposit
the said amount before the tribunal within a period of two months
from the date of receipt of the certified copy of the judgment. In
case of default of payment within two months as stated above the
respondent insurance company is liable to pay the interest @ 9%
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 amount of ₹60,000/- (Rupees Sixty thousand only) to the
appellant as full and final settlement of all claims. The third
respondent is directed to deposit the said amount before the
tribunal within a period of two months from the date of receipt of
the certified copy of the judgment. In case of default of payment
within two months as stated above, the respondent insurance
company is liable to pay the interest @ 9% 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.
BEFORE THE HON'BLE HIGH COURT
OF KERALA AT ERNAKULAIUI
M A C.A No. 3096 ol 2023
Appellant /petitioner
MURALINADH.U-
S/O GOPI U,AGED 4TYEARS
ULLATTUTHODI HOUSE
I
PANTHEERANKAVU
KOZHIKODE DT,
PIN:673019
1.NrEw rNDrA assunqFaE
co Lro
REP. BY DIVISIONAL MANACEN -
BLANCH OFFICE
VEDA VYASA SHOPPING -COMPLEX
SURVEY NO.2 1 O/2B.NORTH BTYPORE
KOZHIKODE DT
PIN: 6730 t5
RESPONDNET
1" The above appeal filed by the appellant for enhancement
of compensation in a
motor vehicre accident case. The
apperant is the craimants in o.p.(Mv)
,vzalt on
the file of I\IACT, i" ,,,r+de*
2' The incident in the above case happened on
1g.07. 2o1T and the appellant
sustainecl- serious inj ury.
3'The appellant and the insurance
company have negu:tiated the matter
outside the
court and arived into a compromise
settlement in fuil and final setflement
claims of the appellants' lt is agreed of all
that the respondent insurance company
pay an additionar amount of shalt
Rs.60,0aot- (Rupees sixry thousand
).
4.The respondent lnsurance company
hereby agrees to deposit the above said
before the Tribunal within a period
of fuo months from the date
of receipt of
For and on Behalf of:-
THE NEW INDIA ASSURANCE CO. I.TD.
n9r*af.,.vd.h
Duly Constituted A,iorney
%
copy of the Judgment. ln case of default of payment within two months
as stated
above the respondent insurance company is liable to pay the interest
@ g%from the
date of default.
5' There is no threat or coercion or undue influence arriving in the above
setgement.
The settlement will form part of the Judgment of this Hon,ble court
Dated this the ZZnd day of December, ZO23
r\-<-*Ln ruJh MrL on Behalf of:-
Appellant INDIA ASSURANCE CO. LTD
'4)dv .N,.t y,@-esry"a
w
COUNSEL FOR THE APPELLANT
n
ndent
Attorney
A^€ olyA= e
COUNSEL FOR THE RESPONDNET.
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