IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
LISSY.U – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LIMITED – Respondent
MACA NO. 2049 OF 2021 | OP(MV) NO.380 OF 2019
| Table of Content |
|---|
| 1. initial claim and tribunal award details. (Para 1) |
| 2. parties agreed on additional compensation settlement. (Para 2) |
| 3. court's acceptance and modification of the original award. (Para 3) |
JUDGMENT
The appellant is the claimant in O.P.(MV) No.380 of 2019 on the file of the Additional Motor Accidents Claims Tribunal-III, Kozhikode. The said claim petition was filed by the appellant claiming an amount of ₹31,68,000/- limited to ₹20,00,000/- as compensation in respect of injuries sustained in a motor accident on 15.03.2016. The tribunal awarded an amount of ₹12,91,000/- as compensation under different heads, directing the respondents 3 and5 insurer to deposit the said amount along with interest at the rate of 8% per annum from the date of filing the claim petition, 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 respondents 3 and 5 insurer submitted that they have filed a memorandum of agreement dated 31.12.2025, wherein it is stated that the claim of the appellant has been settled by the respondents/insurer, agreeing to deposit a further amount of ₹10,15,000/- (Rupees Ten lakhs fifteen 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 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 respondents 3 and 5/ insurer to deposit an amount of ₹₹10,15,000/- (Rupees Ten lakhs fifteen thousand only) including interest as additional compensation before the tribunal 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 8% per annum from the date of default. The claimants shall furnish copies of the PAN Card, AADHAAR Card and bank details before the respondents 3 and 5/ 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 memorandum of agreement as above. The memorandum of agreement will form part of the judgment.
Sd/-
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