Full Judgment
MACA.No.1892/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 MACA NO. 1892 OF 2022 AGAINST THE ORDER/JUDGMENT DATED 18.12.2021 IN OPMV NO.425 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM APPELLANT/PETITOINER: ROHITH KUMAR RAJESH, AGED 22 YEARS, SON OF RAJESH PEEDIKAPARAMBIL HOUSE, KURICHY, SCHIVOTHAMAPURAM, KOTTAYAM DISTRICT, PIN - 686 523. BY ADVS. K.A.HASHIM M.I.ISMAIL RESPONDENTS/RESPONDENTS: 1 M.M.THOMAS, SON OF MATHAI MARAPPADU HOUSE, PONGA PO., CHAMBAKULAM, KUTTANAD, ALAPPUZHA, PIN - 688 503. 2 SHINY ALPHONSA THOMAS, MARAPPADU HOUSE, PONGA PO., CHAMBAKULAM, KUTTANAD, ALAPPUZHA, PIN - 688 503. 3 NEW INDIA ASSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM, PIN - 686 002.
BY ADV.PREETHY R. NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No.1892/22 2
JUDGMENT
The appellant is the petitioner in O.P.(MV).No.425 of 2018 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was submitted seeking compensation for the injuries sustained to him in a motor accident that occurred on 04.09.2017. Claim petition was submitted by him seeking a total compensation of Rs.4,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.1,53,740/- and the 3 rd respondent was directed to deposit the same along with interest at the rate of 6% per annum from the date of petition till realization. This appeal is submitted challenging the same.
2. Heard Sri.K.A.Hashim, learned counsel for the appellant and Smt.Preethy R.Nair, learned counsel for the 3 rd respondent.
3. The appellant and the 3 rd respondent had filed a joint
settlement memo to the effect that the matter has been settled between the parties and as per the settlement the 3 rd respondent had agreed to deposit a further sum of Rs.2,30,000/-(Rupees two lakhs thirty thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant. MACA.No.1892/22 3
4. In the light of the aforesaid settlement, as evidenced by
the joint settlement memo dated 11.03.2024, this appeal is disposed of modifying the award dated 18.12.2021 passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.425 of 2018 granting an additional amount of Rs.2,30,000/-(Rupees two lakhs thirty thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the 3 rd respondent Insurance Company within a period of two months from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 9% per annum from the date of default. The joint settlement memo will form part of the judgment. It is further ordered that the claimants shall furnish the details of the PAN Card, AADHAR Card and Bank details to enable the Insurance Company to make the deposit as ordered above, within a period of one month from the date of receipt of a copy of this judgment. In case, they fail to furnish the said details, it shall be open for the Insurance Company to deposit the same amount before the Tribunal. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/22.3.24 BEFORE THE HONBLE HIGH co URT OF KERALA AT ERNAKULAM MACA NO.1892/2022 OP MV No:425/2018of the MACT, KOTTAYAM Rohit Kumar Rajesh Appellant/petitioner Vs M.M Thomas & others Respondents/Respondents
JOINT SETTLEMENT MEMOFILED BY THE PARTIESIN THE ABOVE MOTOR ACCIDENTSCLAIMS APPEAL SETTLING THE APPEAL
The above appeal is against award in OP MV. No.425/2018dated. 18/12/2021 of the motor Accident Claims Tribunal, Kottayam.The original claims is one U/S 166 of the Motor Vehicles Act for the injuriessustained by the appellant in the motor vehicle accidentoccurred on 04/09/2017. The learned tribunalafter finding negligenceon the insured vehicle awarded a compensation of Rs.1,53,740/- with 6% interest and proportionate cost from the 3° respondent New India assurance Company. Dissatisfied with the quantum the claimant is in appeal. The appellant and the 3° respondent New India assurance Company had discussed the matter oD 07/03/2024 The appellant has agreed to receive Rs.2,30,000/-(rupees two lakh thirty thousand only)including interest in addition to the compensationalready award by the Tribunal as full and final settlementof the allclaims in the appeal. The respondent insurer has agreed todeposit the above amount in the account of appellant. The appellant shallfurnish the bank account particularsof the appellantwithin one month from the date of the judgment .The respondent shall deposit the amount within one month from the date of the receipt of the account particulars. Incase the insurer fail to deposit the amount after receiving the account particularsof the account particularsas stipulatedoatdge
THE NEW S9NANCE CO. LTO. shall carry interest as 9%after the date of default. Date this 11" day of march 2024 at Ernakulam DulyConetitutedAtterney Appellant:Rohit Kumar Respondent Counsel for the appcllant Counsel for the responden kA Hon Assyt2 PREETHy2NAR k/231/1997 K|1ss399