Full Judgment
MACA.No.3207/2022 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. 3207 OF 2022 AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.920 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM APPELLANT/PETITIONER: ALAN JOSEPH, AGED 17 YEARS, S/O.JOSEPH, PORUNNAKKOD HOUSE, AIKARACHIRA,PULIKUTTICHERRY.P.O.,KOTTAYAM. REPRESENTED BY FATHER AND NEXT FRIEND, J.OSEPH,S/O ABRAHAM,AGED 46 YEARS,PORUNUKOD HOUSE,AIKARACHIRA, PULIKKUTTICHERRY.P.O., KOTTAYAM, PIN - 686 015. BY ADVS. K.A.HASHIM JABIN MUHAMMED RESPONDENTS/RESPONDENTS: 1 SURESH KUMAR, S/O.PADMANABHAN, PALATHUNKALTHOPPIL HOUSE, POOVANTHURUTHU.P.O., KOTTAYAM., PIN - 686 012. 2 K.V.DASAN, KANJAPALLIL HOUSE, ARPOOKARA WEST.P.O., KOTTAYAM., PIN - 686 012. 3 THE NEW INDIA ASSURANCE CO.LTD., REP BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM., PIN - 686 002.
MACA.No.3207/2022 2 BY ADV.RENIL ANTO KANDAMKULATHY 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.3207/2022 3
JUDGMENT
The appellant is the petitioner in O.P.(MV).No.920 of 2017 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 23.04.2017. Claim petition was submitted by him seeking a total compensation of Rs.20,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.4,19,620/- 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 Sri.Renil Anto Kandamkulathy, learned counsel for the 3rd respondent.
3. The appellant and the 3rd 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.6,40,000/-(Rupees six MACA.No.3207/2022 4 lakhs forty thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant.
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 05.03.2022 passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.970 of 2017, granting an additional amount of Rs.6,40,000/-(Rupees six lakhs forty 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 MACA.No.3207/2022 5 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 HON'BLE HIGH COURT 0F KERALA AT ERNAKULAM MN£A.ro.%2!Omn!Ntr2 ln OP MV No:970/2017 ,of the MACT, KOTTAYAIV] Alan Joseph Appellant/petitioner Vs Suresh kumar & 2 others Respondents/Respondents q2ngsETTLEMENTMElvioFILEDByTHEpARTIEsINTHE_A±g±±E ngpRAcciDENTscLAIMsAppEALsETTLINGTHEAppEAl
Theaboveappealisagainstawardin OPMV.No.970/2017dated.05/03/2022of the motor Accident Claims Tribunal, Kottayam. The original claims is one u/S 166 of the Motor Vehicles Act for the injuries sustained by the appellant in the motor vehicle accident occurred on 23/04/2017. Thelearnedtribunalafterfindingnegligenceontheinsuredvehicleawardeda compensationofRs.4,19,620/-with6%interestandproportionatecostfromthe 3rd respondent New India assurance Company. Dissatisfied with the quantum the claimant is in appeal.
Theappellantandthe3rdrespondentNewlndiaassuranceCompanyhad discussed the matter on 07/03/2024 The appellant has agreed to receive Rs.6,40,000/-(rupeessixlakhfortythousandonly)includinginterestinadditionto thecompensationalreadyawardbytheTr.ibunalasfuHandfinalsettlementofthe allclaimsintheappeal.Therespondentinsurerhasagreedtodeposittheabeve amount in the account of appellant.
TheappellantshaHfumishthebankaccountparticularsoftheappellantwithin onemonthfromthedateofthejudgment.Therespondentshalldepositthe amountw.ithinonemonthfromthedateofthereceiptoftheaccountpertieulars. Incasetheinsurerfailtodeposittheamountafterreceivingtheaccount particu|arsoftheaccountparticularsasstipulatedab°VethqFag|Nq#tN#AuAgurRy AN
DIA ASSURANCE interest as 9% after the date of default. Date this llth day of`march 2024 at Ernakulem .Efiil Respondent Appellant: Alan Jose Counsel for the appella Counsel for the responden :-:i:i:-:=--::I-