Kerala High Court
Shahid Hussain. N vs The New India Assurance Co. Ltd on 13 September, 2024
MACA NO. 2267 OF 2024 1 2024:KER:72006
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. 2267 OF 2024
AGAINST THE AWARD DATED 27.03.2024 IN OP(MV) NO.58 OF 2022 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
SHAHID HUSSAIN. N
AGED 24 YEARS
S/O. MUNEER. N, RESIDING AT NELLYEDATH, VELLIAPARAMBA. PO,
KUTTIKATTUR, KOZHIKODE, PIN - 673008
BY ADVS.
A.D.DIVYA
SABIN BABU
RESPONDENT/3RD RESPONDENT:
THE NEW INDIA ASSURANCE CO. LTD
REP. BY ITS BRANCH MANAGER, AL-MUBARAK BUILDING, EDODI,
VATAKARA, KOZHIKODE, PIN - 673101
BY ADVS.
SURESH SUKUMAR -SC
K.P.RENJINI(R-397)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 2267 OF 2024 2 2024:KER:72006
JUDGMENT
The appellant is the claimant in OP(MV) No.58 of 2022 on
the file of the Motor Accidents Claims Tribunal, Kozhikode. The
said claim petition was filed by the appellant claiming an amount
of ₹2,00,000/- as compensation for the injuries sustained by him
in a motor accident occurred on 19.02.2021. The tribunal awarded
an amount of ₹19,500/- as compensation under different heads,
directing the 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, i.e., 29.12.2021, 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 respondent insurer submitted that they have filed
a joint statement dated 26.08.2024, wherein it is stated that the
claim of the appellant has been settled by the respondent insurer,
agreeing to deposit a further amount of ₹35,000/- 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
MACA NO. 2267 OF 2024 3 2024:KER:72006
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 ₹35,000/- (Rupees thirty 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
MC/28.9
ii=
Presented on :
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT EENAKULAM
M. A. C. A. No.2267 0F 2024
Shahid Hussain .N Appellant
Versus
The New India Respondent
Assurance Co. Ltd.
Joint memo filed bv the aDDenant and respondent in the above case
Counsel for the Appellant Divya A D
Counsel for the Respondent : Suresh sukumar
`bHt#aQt".`Cg;nento„`%Ero.Eb=,a.%?,istro?
` . .-cl--" , . `,', ,,a.{-,,, ' ,.,`,.~ ,;u, .;
BEFORE THE HONouRABLn HIGH counT oF KERALA
AT ERNArfuLAM
M. A. C. A. No. 2267 0F 2024
ShahidHussain.N -..... ' .Appellant '
Versus
The New India Respondent
Assurance Co. Ltd.
±lnt memo filed bT the .i]odlapt and real)oLdent in`the .'bove ca]e
The above appeal is filed against the award dated 27.3.2024 in O.P Orv)
58/2022 on the file of PRL. Motor Accidents Claims Tribunal, Kozhikode
s`eeking enhancement in the award amount. The court below passed an award
for an amount of Rs.19,500/-with 8% interest and cost.
The mater involved in the appeal has been settled between the parties.
The respondent, insurer of the offending vehicle agreed to pay a ftuther amount
of Rs.35,000/- including interest within two months from the date of receipt of
the judgment failing which is the said amount will cary 8% interest,
Total aTount enhanced to Rs.35,000/- (Thirty five Thousand)
The respondent agreed to pay the further amount of Rs.35,000/- to the
appellant within two months from the date of receipt of the judgment failing
which is the said amount will carry 8% interest from the date of default.
Dated this the 26.08.2024
EL Husso,,a N
For .nd on Beh.M[ o.:.
Appeuant:
8Of I .
Shahid Hussain .N
Counsel for the Appellant Counsel for the Responden
