Kerala High Court
A.N. Manjumol vs Soumya Pareed on 30 September, 2024
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MACA No.1990 of 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
MACA NO. 1990 OF 2023
AGAINST THE AWARD DATED 03.11.2022 IN OP(MV) NO.1310
OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANT/PETITIONER:
A.N. MANJUMOL, AGED 42 YEARS, W/O. LATE C.R.
SURESH, ILLATHUKIZHAKETHIL, UMAMAHESWARA HOUSE,
THIRUVAMPADY, PAZHAVEEDU VILLAGE, ALAPPUZHA
DISTRICT, PIN - 688 002
BY ADVS.
JOSE KURIAKOSE (VILANGATTIL)
BIJO FRANCIS
LUIZ GODWIN D COUTH
RESPONDENTS/RESPONDENTS:
1 SOUMYA PAREED, D/O. S.M. PAREED, THARAKATHIL
HOUSE, NEAR KARINKALI AMMA TEMPLE, ERUMATHALA
MURI, KEEZHMADU VILLAGE, ALUVA, ERNAKULAM,
PIN - 683 105
2 ABDUL SALEES S.P., SASTHAMKUNNEL HOUSE NADACKAL
P.O., ERATTUPETTA, PALA, KOTTAYAM, PIN - 686 121
3 M/S. THE UNITED INDIA INSURANCE CO,. LTD
REP. BY ITS MANAGER PONKUNNAM BRANCH. KOTTAYAM.,
PIN - 686 506
4 PRAMOD., ETTEKAKUNNEL HOUSE, EDAMARUK,
MELUKAVU P.O., KOTTAYAM, PIN - 686 652
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MACA No.1990 of 2023
2
BY ADV P.K.SANTHAMMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA No.1990 of 2023
3
JUDGMENT
The appellant is the claimant in OP(MV) No.1310 of
2017 on the file of the Additional Motor Accidents Claims
Tribunal, Alappuzha. The said claim petition was filed by the
appellant claiming an amount of ₹33,80,000/- as
compensation for the injuries sustained by him in a motor
accident occurred on 21.10.2016. The tribunal awarded an
amount of ₹13,21,216/- as compensation under different
heads, directing the respondent insurer to deposit the said
amount along with interest at the rate of 7% per annum from
the date of filing the claim petition, i.e., 26.12.2017, 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 19.08.2024, wherein
it is stated that the claim of the appellant has been settled
by the respondent insurer, agreeing to deposit a further
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amount of ₹75,000/- 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 amount will carry interest at
the rate of 12% 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 ₹75,000/-
(Rupees Seventy 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 amount will
carry interest at the rate of 12% 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
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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
MC/01.10.2024
BEFORE THE HON'BLE HIGH CCIURT OF KERALA AT ERNAKULAM
A.N. Manju Mol Petitioner / Appellant
Vs.
Soumya Pareed & others Respondents / Respondents
IOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE
MOTOR ACCIDENT CTAIMS APPEAT SETTTING THE APPEAL
The above appeal is filed against the awarcl in O.P.M.V. No. 1,31,0/2017
dtd. 03-11-2021, of the Motor Accident Claims Tribunal, Alappuzha. The original
claim is one uls. 1,66 1[cJ of the Motor Vehicles Act on account of death of C.R.
Suresh lfumar, filed by the wife of the der:eased, who is the appellant herein.
The learned tribunal have found ttrat R3 is liable to indemnify the RZ/owner
and it was concluded that R1 to R3 are jointly and severally liable to conrpensate
the petitioner and awarded a compensation of Rs. 1,3,21,,2161-' with interest @7a/o
for the awarded amount from 26-1,2-2017 till realization. R3/ Insurance company
was directed to transfer balance share due after deducting and court fee and legal
benefit funcl payable by the petitioner to the bank account of the petitioner.
Dissatisfied with the award, the claimant iras filed the above appeal.
T'he appellarrt and the 3'd respondent United india Insurance Company had
discussed the matte:r on 25-07 -zoz4 in ttre mediation talks held in the High court
For UNITEO INDIA INSURANCE CO. LTD.
. .\.r, -
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of Kerala. The appellant has agreed to receive Rs. 75,000/- [Rupees Seventy Five
Thousand only J including interest in addition to the compensation already
awarded by the Tribunal towards the full and final settlement of the all claims in
the appeal. The respondent, insurer has agreed to deposit the above amount in the
account of appellant.
The appellant has already furnished the bank account particulars to the
insurer and insurer had deposited thr: award amount to the said account. The 3.a
respondent shall deposit the amount within one month from the date of this
settlement and in case if the insurer fails to deposit the amount within one month
the amount shall carry interest rate of 1,2o/o from the date of default.
Dated this the 19t1, day of August,2024 at Ernakulam
For U INDIA INSURANCE CO. LTO.
Appellant F{onlq t'4 r} A' N
ky
66ffirised Signatory
Counsel for appellant unse I for the respondents
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