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Kerala High Court
Muhammed Jeneesh vs Asbak on 31 January, 2026
2026:KER:8215
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
MACA NO. 4288 OF 2019
AGAINST THE AWARD DATED IN OPMV NO.711 OF 2017 OF
II ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/PETITIONER:
MUHAMMED JENEESH
AGED 22 YEARS
S/O. MUHAMMED KUTTY, KOLLOLLY HOUSE,
KANIYAMBATTA P.O. KALPETTA, WAYANAD DISTRICT
673 121.
BY ADVS.
SHRI.ANIL KUMAR K.P.
SRI.T.R.TARIN
RESPONDENTS/RESPONDENTS:
1 ASBAK
S/O. SULAIKHA, KOTTEKKARAN HOUSE, KOTTATHARA
P.O. WAYANAD DISTRICT 673 121.
2 IRSHAD.A.
AGED 28 YEARS
S/O. ABDULLA. A, ALIYASAN HOUSE, ELLUMANNAM
P.O. WAYANAD DISTRICT 670 645.
3 THE UNITED INDIA INSURANCE COMPANY LTD.,
REPRESENTED BY THE MANAGER/ AUTHORISED
SIGNATORY, PINANGOD ROAD JUNCTION, MAIN ROAD,
KALPETTA, WAYANAD 673 121.
BY ADV SHRI.S.PRASANTH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 31.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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2
MACA NO. 4288 OF 2019
JUDGMENT
The appellant is the claimant in O.P.(MV) No.711 of
2017 on the file of the Motor Accidents Claims Tribunal,
Kozhikode. The said claim petition was filed by the appellant
claiming an amount of ₹6,67,000/- which was limited to
₹4,00,000/- as compensation for the injuries sustained in a
motor accident on 06.02.2017. The tribunal awarded an
amount of ₹5,13,430/- as compensation under different heads,
directing the respondent insurer to deposit the said amount
along with interest @ 9% per annum from the date of filing
the claim petition till realization. Being dissatisfied with the
compensation awarded, the claimant 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
20.09.2025, wherein it is stated that the claim of the
appellant has been settled by the respondent insurer,
agreeing to deposit a further amount of ₹2, 40,000/- 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 3 rd
2026:KER:8215
MACA NO. 4288 OF 2019
respondent, within a period of one month 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
respondent insurer to deposit an additional amount of
₹2,40,000/-(Rupees Two lakhs and forty 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, within a period of one month 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 15 days 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.
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MACA NO. 4288 OF 2019
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
STB
BEFORE THE HON'BLE HIGH COURT OF
KERALA, ERNAKULAM
Muhammed Jeneesh_-- - - Appellant
Vs.
Asbaké& others - Respondents
JOINT MEMO OF COMPROMISE FILED
BY THE APPELLANT AND
THE 38D RESPONDENT, UNITED INDIA
INSURANCE CO, LTD,
1. The above appeal was filed against the
award dated 12/04/2019 in
O.P. (M.V) No.711/2017 of Motor Accidents Claims Tribunal,
Kozhikode.
2. The matter involved in the appeal
has been settled the between
parties. It is agreed that the 3rd Respondent/Insurer
shall deposit an
additional amount of Rs.2,40,000/- (Rupees Two Lakh and Forty
Thousand only) before: the MACT, Kozhikode in
full and final
Satisfaction of all their claims in the above case as
inclusive compensation
of all, within one month from the date of receipt
the of
judgment of this Hon'ble Court, failing which
the said amount will
carry 8% interest from the date of default.
8. The Appellant relinquish his claim for
the balance amount and claim
against the other respondents and also
undertakes that there is no
threat, coercion or undue influence in
arriving at the above
settlement.
4. In the circumstances, the above appeal
may be disposed in terms of
this joint memo of compromise, making
this as part of the final order.
Facts stated above are true and correct
Dated this the 20 day of September 2025.
Appellants
Counsel for Appellant
Muhammed Jeneesh - Adv. Anilkumar. K.P '~
Respondent No. 3 Counsel for Respondent No.3
For UNITED INDIA INSURANCE CO.
LTD,
Authorised Signatory
