Kerala High Court
M.G. James vs The Divisional Manager on 13 September, 2024
2024:KER:70437
M.A.C.A. No. 1678 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
MACA NO. 1678 OF 2024
AGAINST THE AWARD DATED 31.01.2024 IN OP(MV) NO.100
OF 2021 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER:
M.G. JAMES
AGED 73 YEARS, S/O. M.V. GERARD,
MADATHIPARAMBIL HOUSE, CHERANELLOOR P.O,
KOCHI, PIN - 682 034.
BY ADVS.
SRI. P.M.JOSHI
SMT. SIJI K.PAUL
SRI. BONNY BABY
SMT. SRUTHI SUNILKUMAR
SRI. C.GOKULKRISHNAN
RESPONDENT/RESPONDENT:
THE DIVISIONAL MANAGER
THE UNITED INDIA INSURANCE CO.LTD. (D.O. II),
JOY'S BUILDING M.G. ROAD, PADMA JUNCTION
ERNAKULAM KOCHI., PIN - 682 035
BY ADV
SRI.P.K.MANOJ KUMAR - STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:70437
M.A.C.A. No. 1678 of 2024
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.100 of
2021 on the file of the Motor Accidents Claims Tribunal,
Ernakulam. The said claim petition was filed by the appellant
herein, claiming an amount of Rs.3,50,000/- as compensation in
respect of injury to him in a motor accident on 30.06.2019. The
Tribunal awarded an amount of Rs.73,232/- 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 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/second respondent insurer
submitted that the matter has been settled between the parties
and a joint settlement memo dated 09.08.2024 has been filed
before this Court, wherein it is stated that the appellant has
agreed to accept a sum of Rs.60,000/- (Rupees sixty thousand
2024:KER:70437
only) as additional compensation inclusive of interest, etc., from
the respondent in full and final settlement of all claims arising
from the above claim. The respondent insurance company has
agreed to deposit the above said amount. The appellant shall
furnish the account particulars and pan card details of the
claimant in whose name the amount is to be deposited within
one month from the date of judgment. The insurance company
shall effect the deposit by transfer to the respective account of
the appellant/claimant within 90 days from the date of receipt of
the account particulars and pan card details. In case the
appellant/claimant fail to furnish the account details as per
condition No.2 above, the running of interest would stop and if
the insurer fail to deposit the amount as per condition 3, even
after furnishing the details by the appellant/claimant, interest
shall be payable at the same rate as contained in the award
from 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
respondent insurer to deposit the settled amount of Rs.60,000/-
(Rupees sixty thousand only) as additional compensation
2024:KER:70437
inclusive of interest, etc., from the respondent in full and final
settlement of all claims arising from the above claim. The
appellant shall furnish the account particulars and pan card
details of the claimant in whose name the amount is to be
deposited within one month from the date of judgment. The
insurance company shall effect the deposit by transfer to the
respective account of the appellant/claimant within 90 days
from the date of receipt of the account particulars and pan card
details. In case the appellant/claimant fail to furnish the
account details as per condition No.2 above, the running of
interest would stop and if the insurer fail to deposit the amount
as per condition 3, even after furnishing the details by the
appellant/claimant, interest shall be payable at the same rate as
contained in the award from the date of default.
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.
BEFORE THE HON'BLE HIGH COURT OF
KERAI,A, AT ERNAKULAM.
MACA NO. 1678 OI.' 2024
M G JAMES
Appellant(S).
Vs
I'IIE DIVISIONAL MANAGER
UNIT.H,D INDIA INSURANCE Co. Ltd
Respondent(s).
ACCIDENl'S
The above appeal filed against the award dated
31-01-2024 in op(MV) No. 100 of
2021 the Motor Accidents claims Tribunal, E.nukriu-
has been settled by the above
parties on the following term:
l) Thc appcllant(s)
has agreed to accept a sum of Rs 60,000/- (
Sixty Thousand Rupces
only) as additional compensation inclusive of interest,
etc. from the respondent united
India [[surance co'Ltd, in full and final settlement
of alr claims arising from the above
claim' The Respondcnt insurance company has agreecl to cleposit the
above amount.
2) The appellant(s) shall furnish the account particulars
and pan card details of the
claimant(s) in whose name the amount is to be aeposited
judgment.
within one month trom the date of
3) The Insurance Company shall cftect the deposit by transfer
to the respectivc
accnunt (s) of the Appellant(s)/Claimant(s) within 90
days from the date of receipt of the
account particulars and pan card details.
4\ In case the appellant/claimant fail to furnish the account details
as per condition
no'2 *bove, the running of intercst would stop and if the
insurcr fail to tleposil the am,unt
as pcr conditi0n 3, even after furnishing thc cletails by, the
appellant(s)/Claimant(s),
intcrcst shall bc payable at thc samc rarc as contained in the
award from the datc of
dclau ll
5) The above setflement is reached between the parties at their free
will and it is
humbly prayed that this hon'ble court may be pleased io record the
above settlement and
APPEI-I-ANT(s): IA IIISUHAN0E cQ. LTD.
uRAN$ry.rD
Slgnatory
(ADV. P.M. JOSTTY(J _409) (AD
'fiiuvmy
COIJNSI-,L I]OR TIIF APPEI.I,AN'f. COTJNSEI, FOR THE RESPONDENT
P.M. JOSHI
Kimn
.K
