Kerala High Court
Roopesh. A vs The National Insurance Co.Ltd on 11 January, 2024
MACA.No.39/2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 11TH 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:
MACA.No.39/2018 2
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 MACA.No.39/2018 3 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 ... Appdlanrs/Pditionec Ndional Imume comF$y Linired .. Respondcnb,Rspondsc ,oxT sr rl r | \r \.r !?vo I tr I D By tq-ba]]rlxt!!_4latr voToR Aratpt\.1\.t atv. {pprAi st mNcrl{ a?o,a. rhe above n an apFal rsdinn rhe hwsd ddsd 1r. r0.200e jn op (Mv) craim is one uder sedion 166 ofrM Moior vehictes Act 1933 for injuies 3ufiEred by rhe rppellan.'chjmadr.
The appellantclainmr and rhe rcspondenr'fte Ndionst tNudi.e Co. Lid had discused the mand dunng de sdlenenr po$iig on 13.09.2023 the appelilt hes 4reed ro Eceive Rs i 6000/, (rhi4 sixrhousd only),(which f iftrt$ inclusive of .odponen, in eddirioi ro the ompensarion atready awlrderl by the Tribuml ron,r& tull and linal sedtenhr of nt cbirs in rhe eppeal.'rhc epondenr insuH has agmd ro pay rhe abov. rdout 'nre epperrmt shlu tumish the bank 8.coud( pdicutaB of die appe anr wirh,n one nonih *.m rhe d.c ofjudsmenr. rhc respondenr iruft 3ha11 depojt fte.nounr win\in on. modrh from nre drte of E.ciFr of ihe accounr Fniculars. ln cme rhe iNus reil ro deposn .he anout en.r rccciol of the ac.our pdicDl$ 6 iipulabd above rhe moum shal cary inreEs d 7% D.bd rhis de 166 dry or odob{ 2021 ,t*lr'h q.& ab$siptff f,,10$Egr11r". q.e.J"t.
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