Kerala High Court
Azeez T.T vs Meena Kuruvila on 13 September, 2024
2024:KER:70435
M.A.C.A. No. 4414 of 2019
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. 4414 OF 2019
AGAINST THE AWARD DATED 24.08.2019 IN OP(MV) NO.357
OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/CLAIMANT:
AZEEZ T.T,
AGED 53 YEARS
S/O.MAMMED, T.T.MAHAL NACHUMPARAMBA HOUSE,
NALLUR, FEROKE P.O., KOZHIKODE.
BY ADV
SMT. K.V.RASHMI
RESPONDENTS/RESPONDENTS:
1 MEENA KURUVILA,
W/O.KURUVILA, THOTTATHIL HOUSE,
VAZHICHERY P.O., ALAPPUZHA, KERALA- 688 001.
2 R.K.SANEESH,
AGED 40 YEARS, S/O.KUTTAN,
RAMANKULAM HOUSE, NADUVARAMBA P.O.,
ALAPPUZHA, KERALA- 680 121.
3 UNITED INDIA INSURANCE COMPANY LIMITED,
SARADHA SHOPPING COMPLEX, MULLAKKAL STREET,
ALAPPUZHA, KERALA, REP. BY ITS MANAGER.
BY ADV
SMT.DEEPA GEORGE - 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:70435
M.A.C.A. No. 4414 of 2019
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.357 of
2018 on the file of the Motor Accidents Claims Tribunal,
Kozhikode. The said claim petition was filed by the appellant
herein, claiming an amount of Rs.10,00,000/- as compensation
in respect of injury to him in a motor accident on 18.11.2017.
The Tribunal awarded an amount of Rs.4,62,000/- as
compensation under different heads, directing the third
respondent insurer to deposit the said amount along with
interest at the rate of 8% per annum from the date of petition
till the 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 third respondent insurer submitted
that they have filed a joint memo dated 02.08.2024, wherein it
is stated that the claim of the appellant has been settled by the
third respondent-insurer, agreeing to deposit cheque/cheques in
2024:KER:70435
the MACT or fund transfer to the account of the appellant, an
amount of Rs.1,50,000/- (Rupees One lakh fifty thousand only)
which is inclusive of the interest at the rate of 5% per annum as
directed by this Court within 30 days of the receipt of the
judgment.
3. In the light of the joint memo of settlement filed by
the parties, the impugned award is modified by directing the
third respondent insurer to deposit cheque/cheques in the MACT
or fund transfer to the account of the appellant, an amount of
Rs.1,50,000/- (Rupees One lakh fifty thousand only) which is
inclusive of the interest at the rate of 5% per annum as directed
by this Court within 30 days of the receipt of the judgment.
The appeal is disposed of, in terms of the joint memo of
settlement as above. The joint memo of settlement will form
part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
t.+ d
\I '
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
MACA 4414t201*
Azeez.T.T Applicant/Appellant
Vs
United India Insurance Co. I-td.. Respondent
Rep.by its Manager
JOINT MEMO OF SE AND PRAYER FOR
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 settle the case on the following tiims and
conditions.
The appellant above named and tire respondent have willingly ar:rived at a
compromise to settle the clairn in full and final settlement fbr Rs.1,50,000/-(Rupees
One Lakh Fifty Thousand Only) inclusive of the cost and interest at the rate ofirh 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 hurnbly request this Hon'ble Courl to record this
joint statement and to pass a Judgment in terms thereof.
We further state that the above narned Respondent has agreed to deposit
cheque/cheques in the MACT or fund transfer to the account of the appellant an
amount of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand Only) which is inclusive
of the interest at the rate of 5Yoper annlirn as directed by this Hon'b1e Court within 30
days of the receipt of the Judgment of the Hon,ble Court.
Da the 2"rday of Au.gust 2024
For UNITED INDIA INSURAI'IOE cO. LTD.
,
Azeez.T.T Insurance Co.Ltd.,
orisod Signatory
Rashmi V Decpa
Advocate for the Appellant Advocate for the Respondent
