IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MOHAMMED NISTHAR – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD – Respondent
MACA NO. 1460 OF 2019
| Table of Content |
|---|
| 1. claim filed for compensation after a motor accident. (Para 1 , 2) |
| 2. settlement agreed upon between the parties modifies the tribunal's award. (Para 3) |
| 3. the appeal disposed in terms of the joint statement. (Para 4) |
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1036 of
2015 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The said claim petition was filed by the appellant claiming an amount of ₹11,12,000/- which was limited to ₹6,00,000/- as compensation for the injuries sustained in a motor accident on 16.05.2015. The tribunal awarded an amount of ₹5,04,626/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest @ 8% per annum from the date of filing the claim petition till realization. Being dissatisfied with the compensation awarded, the claimant 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 16.09.2025, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹1,80,000/- inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the 3rd respondent, within a period of two months from the date of receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 8% 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 additional amount of ₹1,80,000/-(Rupees One lakh and eighty thousand only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the respondent, within a period of two months from the date of receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 8% 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 15 days 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
STB
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM Mohammed Nisthar Appellant Vs.
National Insurance Company Ltd Respondent JOINT STATEMENT FILED BY THE APPELLANT AND THE RESPONDENT
1. The above appeal is filed against the award in .OP (MV) No.
1036/2015 which was disposed of by the Motor Accidents Claims Tribunal, Perumbavoor by award dated 26/7/2018. The original petition is filed by the appellant claiming compensation in respect c}f the personal injuries sustained by him in a road traffic accident occurred on 16/5/2015 at about 10.15 am while the appellant was riding a motor cycle bearing No. KL-41-J-103 through Aluva-Palace road and when he reached near Lakshmj Hospital, a lorry bearing Reg. No. KRH-3694 came in a rash and negligent manner and knocked down the appellant. As a result of the accident the appellant sustained serious injuries. The Tribunal had granted Rs. 5,04,626/- as compensation along with interest @ 8% p.a. from the date of claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since the respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the respondent. Hence the settlement is arrived at between the appellant and
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