Kerala High Court
Rajan vs Rubeesh on 25 October, 2024
1
2024:KER:79948
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. 1975 OF 2024
CRIME NO.246/2019 OF Meppayur Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED 15.09.2023 IN OPMV NO.97 OF
2020 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPELLANT/S:
RAJAN
AGED 58 YEARS
RAJAN, S/O KELAPPAN, KIZHAKKE KUNIYIL MEETHAL,
MEPPAYUR, KOZHIKODE, PIN - 673524
BY ADVS.
ZUBAIR PULIKKOOL
AZHAR M.
U.ANANDAPADMANABHA MENON
RESPONDENT/S:
1 RUBEESH
AGED 39 YEARS
RUBEESH, S/O ABDULSALAM, EDAKKUDI HOUSE, KOZHUKKALLUR,
KEEZHPAYYUR, MEPPAYUR P.O, KOZHIKODE-, PIN - 673524
2 THE NEW INDIA ASSURANCE CO. LIMITED
THE NEW INDIA ASSURANCE CO. LIMITED., REPRESENTED BY
IT'S BRANCH MANAGER BRANCH OFFICE, AL-MUBARAK BUILDING,
EDODI, VATAKARA, KOZHIKODE DISTRICT, PIN - 673101
BY ADV GANAPPAN PG
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
M.A.C.A 1975 OF 2024 2024:KER:79948
JUDGMENT
The appellant is the claimant in O.P.(MV) No.97 of 2020 on
the file of the Motor Accidents Claims Tribunal, Vadakara. The said
claim petition was filed by the appellant claiming an amount of
Rs.37,70,200/-, which is limited to Rs.20,00,000/- as compensation
for the injuries sustained by him in a motor accident on 12.09.2019.
The Tribunal had awarded an amount of Rs.50,57,00/- as
compensation under different heads, directing the second 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 second respondent
insurer, agreeing to deposit a further amount of Rs.65,000/- (Sixty
Five Thousand Only) including interest 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
M.A.C.A 1975 OF 2024 2024:KER:79948
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 Rs.65,000/- (Rupees Sixty five
Thousand Only) including interest as additional compensation before
the Tribunal, 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. The
claimant 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 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
NJ
