Kerala High Court
Ajmal Salam vs National Insurance Company Ltd on 13 September, 2024
2024:KER:70167
MACA NO.1883/2017
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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. 1883 OF 2017
OPMV NO.182 OF 2013 OF ADDITIONAL MACT, NORTH PARAVUR
APPELLANT/PETITIONER:
AJMAL SALAM
S/O.SALAM, KAROTUKATTIPARAMBIL HOUSE, MUPPATHADOM,
W.KADUNGALLUR, MINOR, AGED 10 YEARS, REPRESENTED BY
HIS NATURAL GUARDIAN FATHER SALAM.
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/2ND RESPONDENT:
NATIONAL INSURANCE COMPANY LTD
DIVISIONAL OFFICE, X HERO HONDA VERTICAL, 101-106 BMC
HOUSE, CONNAUGHT PLACE, NEW DELHI-110001.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:70167
MACA NO.1883/2017
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JUDGMENT
The appellant is the claimant in OP(MV) No.182 of 2013 on the
file of the Additional Motor Accidents Claims Tribunal, N. Paravur. The
said claim petition was filed by the appellant claiming an amount of
₹1,50,000/- as compensation for the injuries sustained by him in a
motor accident occurred on 07.03.2013. The tribunal awarded an
amount of ₹63,590/- as compensation under different heads, directing
the 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 and also costs of ₹2,950/- within 30 days from the ready
date of copy of award. 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 02.09.2024, wherein it is stated that the claim of
the appellant has been settled by the respondent insurer, agreeing to
deposit a further amount of ₹75,000/- inclusive of all interest and cost
to the appellant by way of full an final settlemtn of all the claims of the
appellant against the respondent insurer within a period of two months
from the date of receipt of a copy of this judgment, failing which, the
2024:KER:70167
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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 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 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 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
bka/-
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Ajmal Salam : Appellant
Vs.
National Insurance Company Ltd E Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE
RESPONDENT
1. The above appeal is filed against the award in OP (MV) No. 182/2013
which was disposed of by the Addl. Motor Accidents Claims Tribunal, N.
Pravur by award dated 30/6/2016. The original petition is filed by the
appellant claiming compensation in respect of the personal injuries sustained
by hfmin a road traffic accident occurred on 7/3/2013 at about 4.30 pm
while the appellant was walking through the side of Muppathadom-
Elookkara road at Muppathadom, he was knocked by a scooter bearing
No. KL-41-E-2454. As a result of the accident thé appellant sustained
serious injuries. The Tribunal had granted Rs. 63,590/- as compensation
along with interest @ 9% p.a. from the date of claim petition. It is challenginQ
the quantum of compensation that the above 'appeal is filed. Since the
respmdthadadmmedthecoverageoftheMancevpohcyhrespeaof
the offending vehicle, the liability to pay the compensation is on the
respondent. Hence the settlement is arrived at between the appellant and the
' respondent.
Appellant: Ajmal
Salam M
Respondent: National Insurance Company Ltd
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'kccu\ RO /T
2. The appellant above named and the respondent 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 respondent arising out of the accident and the original
petition mentioned above. It is agreed that the respondent insurance
company shall pay an additional amount of Rs. 75,000/- (Rupees
Seventy Five Thousand Only) inclusive of all interest and cost to the
appellant by way of full and final settlement of all the claims of the
appellant against the respondent.
8. The respondent hereby agrees to deposit the above amount
before the Tribunal within a period of 2 months from the date of
receipt of a copy of the judgment from the Hon'ble High Court, in case
of default as stated above the respondent is liable to pay interest @ 8%
from the date of default.
4. There is no threat coercion or undue influence in arriving at the
above settlement. This settlement will form part of the judgment of the
Hon'ble High court of Kerala.
Dated this the 27d day of Septémber 2024.
Appellant : Ajmal Salam
.R
H
Respondent: National Insurance Company Ltd
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A N.Santhosh 6§ Nellimoottil\z
Counsel for the Appellant Counsel for the respondel
by ,// SR
A .navam
93eneM
