Full Judgment
MACA.No.3188/23 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. 3188 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.1060 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM APPELLANT/PETITIONER: MONY JOSEPH, AGED 52 YEARS, W/O.JOSEPH.M.M.PUTHUPARAMBIL HOUSE, VIJAYAPURAM, MANGANAM, KOTTAYAM, PIN - 686 018. BY ADVS. K.A.HASHIM JABIN MUHAMMED RESPONDENTS/RESPONDENTS: 1 ANISH RAJ, S/O.RAJAPPAN ACHARI PUTHENVEEDU HOUSE, SHOOLIKURAMBHAGOM, KARUKACHAL, KOOTHRAPPALLY, CHANGANAHCERRY, PIN - 686 540.
2 ORIENTAL INSURANCE CO. LTD., REP BY ITS BRANCH MANAGER,BRANCH OFFICE, KOTTAYAM, PIN - 686 001. BY ADV.N.S.NAJEEB 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.3188/23 2
JUDGMENT
The appellant is the petitioner in O.P.(MV).No.1060 of 2019 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 24.05.2019. Claim petition was submitted by him seeking a total compensation of Rs.5,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.2,13,429/- and the 2 nd respondent was directed to deposit the same along with interest at the rate of 7% 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.N.S.Najeen, learned counsel for the 2 nd respondent.
3. The appellant and the 2 nd 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 2 nd respondent had agreed to deposit a further sum of Rs.1,10,000/- (Rupees one lakh ten thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant. MACA.No.3188/23 3
4. In the light of the aforesaid settlement, as evidenced by
the joint settlement memo dated 22.02.2024, this appeal is disposed of modifying the award dated 31.07.2023 passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.1060 of 2019 granting an additional amount of Rs.1,10,000/- (Rupees one lakh ten thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the 2 nd 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 HON'BLE HIGH COURT OF KERALA AT ERNAKULAM MACA NO.3188/2023 Mony Joseph Appellant/petitioner Anish raj & another Respondents/Respondents JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL
The above appeal is against award in OP MV. No.1060/2019 dated. 31/07/2023 of the motor Accident Claims Tribunal, kottayam. The original claims is one U/S 166 of the Motor Vehicles Act for the inj.uries sustained by the appellant in the motor vehicle accident occurred on 24/05/2019. The learned tribunal after finding negligtmce on the insured vehicle awarded a compensation of Rs:2,13,429/- with 7% interest and proportionate cost from the 2nd respondent insurance Company. Dissatisfied with the quantum the claimant is in appeal.
The appellant and the 2nd respondent Oriental Insurance Company had discussed the matter on 22/02/2024. The appellant has agreed to receive Rs.1,10,000/- (rupees one lakh ten thousand only)incl,jding interest in addition to the compensation already award by the Tribunal as full and final settlement of the all claims in the appeal. The respondent insurer has agreed to deposit the above amount in the account of appellant.
The appellant shall furnish the bank account particulars of the appellant within one month from the date of the j.udgmelit .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 amciunt after receiving the account particulars of the account particulars as stipulated above the amount shall carry interest as 9% after the date of default.
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