Kerala High Court
Nadira.K.A vs New India Assurance Co. Ltd, Rep. By Its ... on 13 September, 2024
2024:KER:70275
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. 1892 OF 2023
AGAINST THE AWARD DATED 28.10.2021 IN O.P (MV) NO.1512
OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/CLAIMANT :-
NADIRA.K.A, AGED 55 YEARS
W/O SUBAIR.K.P, KUNTHATTMEETHAL HOUSE,
KINASSERY, POST G.A.COLLEGE,
KOZHIKODE DISTRICT, PIN - 673014
BY ADV K.V.RASHMI
RESPONDENT/2ND RESPONDENT :-
NEW INDIA ASSURANCE CO. LTD,
REP. BY ITS MANAGER
SILVER PLAZA BUILDING, INDIRA GANDHI ROAD,
KOZHIKODE DISTRICT, PIN - 673004
BY ADV GIRIJA.K.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1892 OF 2023
2
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JUDGMENT
The appellant is the claimant in O.P.(MV) No.1512 of 2019
on the file of the Motor Accidents Claims Tribunal, Kozhikode.
The said claim petition was filed by the appellant claiming an
amount of Rs.9,87,000/-, which is limited to Rs.8,00,000/- as
compensation in respect of injuries sustained by the appellant in
a motor accident on 07.04.2019. The Tribunal awarded an
amount of Rs.3,51,440/- 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 02.08.2024, wherein it is
stated that the claim of the appellant has been settled by the
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respondent/second respondent-insurer, agreeing to deposit a
further amount of Rs.1,60,000/- (Rupees One lakh sixty thousand
only) including interest as additional compensation in the
account of the appellant within a period of 30 days from the date
of receipt of a copy of this judgment, failing which, the said
amount will carry interest at the rate of 5% 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.1,60,000/-
(Rupees One lakh sixty thousand only) including interest as
additional compensation before the Tribunal within a 30 days
from the date of receipt of a copy of this judgment, failing which,
the said amount will carry interest at the rate of 5% per annum
from the date of default. The claimants shall furnish copies of the
PAN Card, AADHAAR Card and bank details before the second
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
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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
SMA
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Nadira.K.A Applicant/Appellant
New India Assurance Co. Ltd., : Respondent
Rep.by its Manager
JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING
JUDGMENT IN TERMS OF THE SETTLEMENT
The above Appeal is filed by the appellant for enhancement of the quantum of
compensation awarded. The matter has been discussed between the appellant and the
respondent and it has been agreed to seltle the case on the following terms and
conditions.
The appellant above named and the respondent have willingly arrived at a
compromise to settle the claim in full and final settlement for Rs.1,60,000/-(Rupees
One Lakh SixtyThousand Only) inclusive of the cost and interest at the rate of 5% per
annum.
The appellant has agreed to relinquish the entire further claim in the claim
petition and the appeal.
No threat, coercion or undue influence is applied. There is no mistake in
arriving at the settlement either. We humbly request this Hon'ble Court to record this
Jjoint statement and to pass a Judgment in terms thereof,
We further state that the above named Respondent has agreed to deposit
cheque/cheques in the MACT or fund transfer to the account of the appellant an
amount of Rs.1,60,000/-(Rupees One Lakh Sixty Thousand Only) which is inclusive
of interest at the rate of 5% per annum as directed by this Hon'ble Court within 30
days of the receipt of the Judgment of the Hon'ble Court.
Dated,this the 2 day of August2024 ~ [orandonSenettore oy Ld.
) Duly Constit Attorney (s)
Nadira.K.A New India Assurance Co. Ltd.,
Applicant/Appellant Respondent
e e
Rashmi K.V Gijak --.
Advocate for the Appellant Advocate for the Respondent
k|659]199¢
