Kerala High Court
Sainul Abid T vs Rajan on 13 September, 2024
2024:KER:70295
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. 1486 OF 2024
AGAINST THE AWARD DATED 30.10.2023 IN OPMV NO.611 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANT/PETITIONER:
SAINUL ABID T
AGED 33 YEARS
S/O KUNJU MUHAMMAD, THANEERKUDIYENTAKATH HOUSE,
PONNANI SOUTH. P.O, PIN - 679586
BY ADVS.
A.R.NIMOD
M.A.AUGUSTINE
RESPONDENTS/RESPONDENTS:
1 RAJAN
S/O KOMAN NAIR, 5/327, PATTATHEL HOUSE,
EDAPPAL.P.O, PONNANI, MALAPPURAM,, PIN - 679576
2 YOOSUF
S/O MUSTHAFA.A, ACHARATH HOUSE, KADANGOD P.O,
THRISSUR,, PIN - 680584
3 THE NEW INDIA ASSURANCE CO. LTD
CHULLIYIL BUILDING, PONNANI ROAD, EDAPPAL,
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MACA NO. 1486 OF 2024
2
REPRESENTED BY BRANCH MANAGER., PIN - 679576
BY ADVS.
GEORGE A.CHERIAN
JAISON MATHEW(K/002873/2023)
GEORGE CHERIAN (SR.)(G-81)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1486 OF 2024
3
JUDGMENT
Dated this the 13th day of September, 2024
The appellant is the claimant in O.P.(MV) No.611 of
2015 on the file of the Motor Accidents Claims Tribunal,
Thrissur. The said claim petition was filed by the appellant
claiming an amount of Rs.73,22,000/-, which is limited to
Rs.73,00,000/- as compensation for the injuries sustained by
him in a motor accident on 22.12.2014. The Tribunal awarded
an amount of Rs.35,69,900/- as compensation under different
heads, directing the third respondent insurer to deposit the
said amount along with interest at the rate of 7.5% 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 third respondent insurer
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MACA NO. 1486 OF 2024
submitted that they have filed a joint statement dated
27.08.2024, wherein it is stated that the claim of the appellant
has been settled by the third respondent insurer, agreeing to
deposit a further amount of Rs.10,90,000/- (Rupees Ten Lakh
Ninety Thousand Only) including interest as additional
compensation in the account of the appellant, within a period of
three 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 third
respondent insurer to deposit an amount of Rs.10,90,000/-
(Rupees Ten Lakh Ninety Thousand Only) including interest as
additional compensation before the Tribunal, within a period of
three 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
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MACA NO. 1486 OF 2024
details before the third 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
RK
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
M.A.C.A. NO. 1486 I 2024
Sainul Abid T : Appellant/Petitioner.
Rajan and Others : Respondents/Respondents
JOINT STATEMENT FILED BY THE APPELLANT AND THE
3rd RESP()NDENT
1 . The above appeal is filed by the claimant against the award dated
30.10.2023 in O.P.(MV) No. 611/2015 on the file of the Motor
Accidents Claims Tribunal, Thrissur. The Tribunal awarded an
amount of Rs.35,69,900 as compcnsation along with interest and
directed the 3rd respondent New irdia Assurance Co Ltd to deposit
the amount.
Z. fne ctaimant has filed the present appeal phallenging the quantum
of compensation. The appellant above named and New India
Assurance Co Ltd have negotiated the matter out of court and
willingly arrived at a compromise settlement in full and final
settlement of all the claims of the appellant against the New India
Assurance Co Ltd arising out of the accident and the original petition
mentioned above.
:
3. lt is agreed that New India Assurance Co Ltd shall pay an
additional amount of Rs.10,90,000/; ( Ten Lakhs Ninety Thousand
Rupgqs Only) inclusive of all interest and costs to the appellant by
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way of full and final settlement of all the claims of the appellant
against New India Assurance Co Ltd (3rd respondent).
4. The 3rd respondent shall deposit the said amount by way of account
transfer to the appellants account, the details of which will be
provided along with joint statement.
5. The New India Assurance Co Ltd will deposit the above amount of
I Rs.10,90,000/- ( Ten Lakhs Ninety 'Ihousand Rupees Only) within a
period of three months from the ds,te of receipt of the copy of the
judgment from the Hon'ble High Court before the Tribunal. If the
amount is not paid within the period of three months as stated above
the said settled amount would carry interest @ 8% p.a. from the date
ofdefault.
6. There is no threat, coercion or undue influence in aniving at the
above settlement. There is no mislake in aniving at the settlement
either.
We humbly request this Hon'ble Court to record this joint statement
and to pass ajudgment in terms thereof.
t l-
Dated on this thefrf l'Jy of August.'.1024
eovellamr/112 Counsel for Appellant
,/
Sainul Abid T. Aged 33. S/o Adv Ni
Kunju Muhammad,
Thaneerkudiyentakath House,
Ponnani South. P.O-679586.
3rd Respondent: Counsel for the 3rd respondent
New India Assurance Co Ltd ,rdu. liffiAch",i-
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