Kerala High Court
Anugrah . R.S vs United India Insurance Co . Ltd on 11 September, 2024
2024:KER:69256
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946
MACA NO. 1961 OF 2023
AGAINST THE AWARD DATED 24.12.2022 IN OPMV NO.627 OF
2020 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
ANUGRAH . R.S
AGED 20 YEARS
PILATHOTTATHIL HOUSE, ULLIYRI, POST.
NADUVANNUR, ORAVIL, KOZHIKODE DISTRICT,
(D.O.B. 17/05/2003), PIN - 673614
BY ADVS.
A.D.DIVYA
SABIN BABU
RESPONDENT/2ND RESPONDENT:
UNITED INDIA INSURANCE CO . LTD
REP. BY ITS BRANCH MANAGER, HOLIDAY CITY CENTRE,
BANK ROAD, 4TH FLOOR, OPP. KURISHUPALLY,
KOZHIKODE DISTRICT, PIN - 673001
BY ADVS.
P.K.MANOJKUMAR
PREETHY R. NAIR
2024:KER:69256
MACA NO. 1961 OF 2023
2
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1961 OF 2023
3
JUDGMENT
Dated this the 11th day of September, 2024
The appellant is the claimant in O.P.(MV) No.627 of
2020 on the file of the Motor Accidents Claims Tribunal,
Kozhikode. The said claim petition was filed by the appellant
claiming an amount of Rs.4,00,000/- as compensation for the
injuries sustained by him in a motor accident on 06.09.2019.
The Tribunal awarded an amount of Rs.31,000/- 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 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
2024:KER:69256
MACA NO. 1961 OF 2023
26.08.2024, 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.75,000/- (Rupees Seventy Five
Thousand Only) including interest as additional compensation
in the account of the appellant, 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.
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.75,000/-
(Rupees Seventy Five Thousand Only) including interest 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 claimant shall
furnish copies of the PAN Card, AADHAAR Card and bank
details before the second respondent insurer within a period of
2024:KER:69256
MACA NO. 1961 OF 2023
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
RK
Presented on :
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
M. A. C. A. No.1961 OF 2023
AnugrahR.S Appellant
Versus
United India Respondent
Insurance Co. Ltd.
Joint memo filed by the appellant and respondent in the above case
Counsel for the Appellant Divya AD
Counsel for the Respondent
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BEFORE THE HONOURABLE IDGH COURT OF KERALA
ATERNAKULAM
, M. A. C. A. No. 1961 OF 2023
AnugrahR.S Appellant
Versus
United India Respondent
Insurance Co. Ltd.
Joint memo filed by the appellant and respondent in the above case
The above appeal is filed against the award dated 24.12.2022 in O.P (MV)
. .
627/2020 on the file of I ADDL. Motor Accidents Claims Tribunal, Kozhikode
seeking enhancement in the award amount. The court below passed an award
for an amount of Rs.31 ,0001- with 8% interest and cost.
The mater involved in the appeal has been settled between the parties.
The respondent, insurer of the offending vehicle agreed to pay a further amount
of Rs.75,0001- including interest within two months from the date of receipt of
the judgment failing which is the said amount will carry 8% interest.
Total amount enhanced to Rs.75,000/- (Seventy five Thousand Rupees only)
The respondent agreed to pay the further amount of Rs.7S,0001- to the
appellant within two months from the date of receipt of the judgment failing
which is the said amount will carry 8% interest from the date of default.
Dated this the 26.08.2024
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