Kerala High Court
Pradeepan vs Chandramohanan V on 25 October, 2024
2024:KER:79527
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
MACA NO. 2659 OF 2014
AGAINST THE AWARD DATED 23.01.2014 IN OP(MV) NO.397
OF 2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:
PRADEEPAN
AGED 48 YEARS, S/O.VASU E.K. (LATE),
RESIDING AT SREEDEEPAM, CHULLIYODU ROAD,
CIVIL STATION, KOZHIKODE.
BY ADVS.
SRI.V.S.CHANDRASEKHARAN
SMT.LEKSHMI SWAMINATHAN
RESPONDENTS/RESPONDENTS:
1 CHANDRAMOHANAN V
AGED 46 YEARS, S/O.VELAYUDHAN NAIR,
RESIDING AT VADAKKEDATH HOUSE, VELLIPARAMBU,
KOZHIKODE-673 008.
2 THE NEW INDIA ASSURANCE COMPANY LTD
DIVISIONAL OFFICE,II SHAFEER COMPLEX,
OPP. YMCA KANNUR ROAD, KOZHIKODE-673 001.
BY ADV
SRI.P.MURALEEDHARAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:75574
M.A.C.A. No. 2659 of 2014
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.397 of 2011
on the file of the Principal Motor Accidents Claims Tribunal,
Kozhikode. The said claim petition was filed by the appellant
herein, claiming an amount of ₹3,00,000/- as compensation in
respect of injury to him in a motor accident on 11.10.2010. The
Tribunal awarded an amount of ₹1,63,951/- as compensation
under different heads, directing the second 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 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 second respondent insurer submitted
that the matter has been settled during the settlement/Adalat
posting on 02.10.2024 and a joint settlement memo dated
16.10.2024 has been filed before this Court, wherein it is stated
that the claim of the appellant has been settled by the second
respondent-insurer, agreeing to pay an amount of ₹2,40,000/-
2024:KER:75574
(Rupees Two lakh forty thousand only) to the appellant in
addition to the compensation already awarded by the tribunal
towards full and final settlement of all claims in the appeal. The
appellant shall furnish the bank account particulars of the
appellant within one month from the date of receipt of the
account particulars. In case the insurer fails to deposit the
amount after receipt of the account particulars as stipulated
above, the amount shall carry interest at 7% after the date of
default.
3. In the light of the joint settlement memo filed by the
parties, the impugned award is modified by directing the second
respondent to pay an amount of ₹2,40,000/- (Rupees Two lakh
forty thousand only) to the appellant in addition to the
compensation already awarded by the tribunal towards full and
final settlement of all claims in the appeal. The appellant shall
furnish the bank account particulars of the appellant within one
month from the date of receipt of the account particulars. In
case the insurer fails to deposit the amount after receipt of the
account particulars as stipulated above, the amount shall carry
interest at 7% after the date of default.
2024:KER:75574
The appeal is disposed of, in terms of the joint settlement
memo filed as above. The joint settlement memo form part of
the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
BEfORN TIIE IIONiBIE HIGH COURT OF KERALA. f,RNAKULAM
Pndepa, sb v*uE K (lak)
... Respondents/tespondents
JOINT SETTIEMENT MEMO FILI]D BY TH! PATTIES IN THE ABOVE
voJE_3CEJSryMl 3 !. A PPF a Sr.rT||\u r+ Appr^r.
The abole is m appsl qain. lhe rMrd dsred 23.01.2014 in op(MD
No 39tl201 I ofthe PriDcipal Motor A.ddh6 Claim Tribumt. Kozhikode. The
onsind claim is one under ssrion 166 of.he Moror vehhtcs Acr t933 tor
injui.s sutrcftd by rhe lppdlanl/claiDenr.
'flre appelldtcleimnt sd dic rspondenr'Ile Nee lndia suBnc. Coh.
Lrd had dk.used lhe mrnd duri4 $: srlofren/Adrtar poniis on 02 t 0 2024
n,e trppelent h$,smd to reeive tu.210000/ (Tso L,In fo4r ThoDssd onl]),
($hich h inclusive ofinreE$.oh|on.r, in addnion ro lnc omp€trarion alddy
awded by rhe Tribunit rownis tulL md finat s(leneni or r ct.ims in rhe
sppesr. nre rcspoidhr insurer h6 rgi(d to pry rhe above amounr.
Tle appellst shell tufrish rhe irnl accounr prnh!|ft ol ihe appc hr
thin de mdrl' fmn rhe dde orrldlmeft. fte rcspondcm insuH shsjt deposjr
lhe amount wilhin one fion th. ddE ofEeipr ofihe r.osn! padEuras
Ii e$ ihe iisus hils ro deposit he mold an{ receipt or rhe Goun
'nonrh
plfticDlan !s $ipulaled above rhe amount shrll cary inbrei d 7% an( lhe dale
*"tq,0."s"*'*
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