IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945 MACA NO. 39 OF 2018 AGAINST THE ORDER/JUDGMENT OPMV 1649/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE APPELLANT/PETITIONER:

ROOPESH. A, S/O.ANIL KUMAR, AGED 41 YEARS, RESIDING AT ASHA NIVAS, MAVILI PARAMBA, KOTTOLI, MAVOOR ROAD, KOZHIKODE-16.

BY ADVS.

SRI.V.S.CHANDRASEKHARAN SRI.M.V.DAS SRI.S.JAYAKUMAR SMT.LEKSHMI SWAMINATHAN SMT.MARIAN G.M.THARAKAN RESPONDENT/3RD RESPONDENT:

THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE - 673 004.

BY ADV.SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appellant is the petitioner in O.P.(MV).No.1649 of

2009 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The said claim petition was submitted seeking compensation for the injuries sustained to him in a motor accident that occurred on 19.10.2008. Claim petition was submitted by him seeking a total compensation of Rs.1,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.57,408/- and the 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.V.S.Chandrasekharan, learned counsel for the appellant and Sri.A.R.George, learned counsel for the respondent.

3. The appellant and the 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 respondent had agreed to deposit a further sum of Rs.36,000/- (Rupees thirty six thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant.

In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 16.10.2023, this appeal is disposed of modifying the award dated 13.10.2009 passed by the Motor Accidents Claims Tribunal, Kozhikode in O.P. (MV).No.1649 of 2009 granting an additional amount of Rs.36,000/- (Rupees thirty six thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the respondent Insurance Company within a period of one month from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 7% per annum from the date of default. The joint settlement memo will form part of the judgment.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/12.1.24 Bf,FORE THE HON'B]-f, HIGH COURT OF XEII{T,A, NRNA(ULAM MACA NO.:r9r20r 3 R@psh ...

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craim is one uder sedion 166 ofrM Moior vehictes Act 1933 for injuies

3ufiEred by rhe rppellan.'chjmadr.

The appellantclainmr and rhe rcspondenr'fte Ndionst tNudi.e Co.

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