IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946 MACA NO. 1990 OF 2023 AGAINST THE AWARD DATED 03.11.2022 IN OP(MV) NO.1310 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA APPELLANT/PETITIONER:
A.N. MANJUMOL, AGED 42 YEARS, W/O. LATE C.R.
SURESH, ILLATHUKIZHAKETHIL, UMAMAHESWARA HOUSE, THIRUVAMPADY, PAZHAVEEDU VILLAGE, ALAPPUZHA DISTRICT, PIN – 688 002 BY ADVS.
JOSE KURIAKOSE (VILANGATTIL)
BIJO FRANCIS LUIZ GODWIN D COUTH RESPONDENTS/RESPONDENTS:
1 SOUMYA PAREED, D/O. S.M. PAREED, THARAKATHIL HOUSE, NEAR KARINKALI AMMA TEMPLE, ERUMATHALA MURI, KEEZHMADU VILLAGE, ALUVA, ERNAKULAM, PIN – 683 105
2 ABDUL SALEES S.P., SASTHAMKUNNEL HOUSE NADACKAL P.O., ERATTUPETTA, PALA, KOTTAYAM, PIN – 686 121
3 M/S. THE UNITED INDIA INSURANCE CO,. LTD REP. BY ITS MANAGER PONKUNNAM BRANCH. KOTTAYAM., PIN – 686 506
4 PRAMOD., ETTEKAKUNNEL HOUSE, EDAMARUK, MELUKAVU P.O., KOTTAYAM, PIN – 686 652 BY ADV P.K.SANTHAMMA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
The appellant is the claimant in OP(MV) No.1310 of
2017 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha. The said claim petition was filed by the appellant claiming an amount of ₹33,80,000/- as compensation for the injuries sustained by him in a motor accident occurred on 21.10.2016. The tribunal awarded an amount of ₹13,21,216/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 7% per annum from the date of filing the claim petition, i.e., 26.12.2017, till realization. Being dissatisfied with the compensation awarded, the appellant 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 19.08.2024, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹75,000/- including interest as additional compensation in the account of the appellant 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 12% 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 amount of ₹75,000/- (Rupees Seventy Five Thousand only) including interest as additional compensation in the account of the appellant 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 12% 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 one month 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.
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
BEFORE THE HON'BLE HIGH CCIURT OF KERALA AT ERNAKULAM A.N. Manju Mol Petitioner / Appellant Vs.
Soumya Pareed & others Respondents / Respondents IOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE MOTOR ACCIDENT CTAIMS APPEAT SETTTING THE APPEAL The above appeal is filed against the awarcl in O.P.M.V. No. 1,31,0/2017 dtd. 03-11-2021, of the Motor Accident Claims Tribunal, Alappuzha. The original claim is one uls. 1,66 1[cJ of the Motor Vehicles Act on account of death of C.R.
Suresh lfumar, filed by the wife of the der:eased, who is the appellant herein.
The learned tribunal have found ttrat R3 is liable to indemnify the RZ/owner and it was concluded that R1 to R3 are jointly and severally liable to conrpensate the petitioner and awarded a compensation of Rs. 1,3,21,,2161-' with interest @7a/o for the awarded amount from 26-1,2-2017 till realization. R3/ Insurance company was directed to transfer balance share due after deducting and court fee and legal benefit funcl payable by the petitioner to the bank account of the petitioner.
Dissatisfied with the award, the claimant iras filed the above appeal.
T'he appellarrt and the 3'd respondent United india Insurance Company had discussed the matte:r on 25-07 -zoz4 in ttre mediation talks held in the High court For UNITEO INDIA INSURANCE CO. LTD.
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The appellant has already furnished the bank account particulars to the insurer and insurer had deposited thr: award amount to the said account. The 3.a respondent shall deposit the amount within one month from the date of this settlement and in case if the insurer fails to deposit the amount within one month the am
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