Kerala High Court
Sudhakaran L.M vs Raheel on 25 September, 2024
2024:KER:71311
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
MACA NO. 954 OF 2015
AGAINST THE AWARD DATED 06.04.2013 IN O.P (MV) NO.651 OF 2012
OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER :-
1 SUDHAKARAN L.M, AGED 50 YEARS
S/O.KORAN, (FATHER OF THE DECEASED)
'SOORIYAKANTHI', NANIYOOR, PO KOLACHERY,
KANNUR-670 601.
2 P.V.RADHA, AGED 48 YEARS
W/O.SUDHAKARAN L.M, (MOTHER OF THE DECEASED)
'SOORIYAKANTHI', NANIYOOR, PO KOLACHERY,
KANNUR-670 601.
3 SURABHI L.M., AGED 25 YEARS
D/O.SUDHAKARAN L.M., (SISTER OF THE DECEASED)
'SOORIYAKANTHI', NANIYOOR, PO KOLACHERY,
KANNUR-670 601.
BY ADV SMT.DIVYA B.NAIR
RESPONDENTS/RESPONDENTS :-
1 RAHEEL, S/O.MOHAMMED IQBAL,RUBY NIVAS, PO
AREEKKAD, PUTHUKUTTY PADAM, KOZHIKODE-673 603.
2 MUHAMMED PAIJAS K.P., AGED 27 YEARS
S/O.ALAVIKUTTY K.P., THACHUPURAKKAL (H),
PO KOTTOOLI, KOZHIKODE-673 106.
MACA NO. 954 OF 2015
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2024:KER:71311
3 ICICI LOMBARD GENERAL INSURANCE CO LTD.
ZENITH HOUSE, KESHAVRAO KHADE MARG, MAHALAXMI,
MUMBAI-400 034.
BY ADV jacob mathew p
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 954 OF 2015
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JUDGMENT
The appellant is the claimant in O.P.(MV) No.651 of 2012 on
the file of the Principal Motor Accidents Claims Tribunal,
Palakkad. The said claim petition was filed by the appellants
claiming an amount of Rs.18,51,000/- as compensation in respect
of death of one Soorya in a motor accident on 27.02.2011. The
Tribunal awarded an amount of Rs.5,41,000/- 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 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 submitted that they have
filed a joint statement dated 16.08.2024, wherein it is stated that
the claim of the appellants have been settled by the
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respondent/third respondent-insurer, agreeing to deposit a
further amount of Rs.12,28,000/- (Rupees twelve lakhs twenty
eight thousand only) including interest as additional
compensation in the account of the appellants 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 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.12,28,000/- (Rupees twelve
lakhs twenty eight thousand only) including interest as additional
compensation before the Tribunal 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 8% per annum from
the date of default. The claimants shall furnish copies of the PAN
Card, AADHAAR Card and bank 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
MACA NO. 954 OF 2015
2024:KER:71311
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
SMA
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
MACA. No. 954 of 2015 [OPMV 651/2012 Kozhikode]
Sudhakaran LM and20thers : Appellant/Petitioner
Vs.
ICICI Lombard General Insurance co.Ltd : 3rd Respondent
JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS
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 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.12,28,000/- (Rs.
Twelve lakhs twenty eight thousand only)
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 H'ble Court to record this joint
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 petitioner an
amount of Rs.12,28,000/-(Rs. Twelve lakh twenty eight thousand Only) as directed by
this H'ble Court within 30 days of the receipt of the Judgment of this H'ble Court.
Dated this the t6@ay Auchngpf 2024..
Sudhakaran L M
pvF`adhaE6±\ lcICI Lombard
gf:r:a,\c`.
Surabhi L M ±
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Advocate for the Appellan
Jacob M P.
Advocate for t ;::he.:,spondent
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