Kerala High Court
Nafeesa vs Dirar on 7 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946
MACA NO. 2347 OF 2023
AGAINST THE AWARD DATED 10.03.2023 IN OPMV NO.90 OF 2019 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, TIRUR
APPELLANT/PETITIONER NO.1:
NAFEESA
AGED 52 YEARS,
W/O. HAMZA NECHAT(H),PACHATTIRI, PARIYAPURAM
VETTAM,TIRUR TALUK, MALAPPURAM DISTRICT,
PIN - 676105
BY ADVS.
BINDUMOL JOSEPH
BEENA JOSEPH
RIYAS M.B.
RESPONDENTS/RESPONDENTS & PETITIONERS 2 TO 4:
1 DIRAR
S/O. HASSAINAR, ARAYANTEPURAKKAL P.O.,
PADINHAREKKARA TIRUR TALUK (DRIVER),
PIN - 676105
2 NOUFAL
S/O. SAINUDHEEN, PALLATH HOUSE, TANUR P.O
CHEERANKADAPPURAM TIRUR TALUK,
MALAPPURAM DISTRICT, PIN (OWNER), PIN - 676302
3 UNITED INDIA INSURANCE CO. LTD
CITY BRANCH OFFICE NO.1,
REPRESENTED BY ITS BRANCH MANAGER.JOS TRUST BUILDING
CHITTOOR ROAD, ERNAKULAM P.O,
ERNAKULAM PIN- 682035 (INSURER),
PIN - 682035
4 RASHIDA
D/O LATE HAMZA, AGED 39 YEARS NECHAT(H),
PACHATTIRI, PARIYAPURAM VETTAM,TIRUR TALUK,
MALAPPURAM DISTRICT,, PIN - 676105
5 MOHAMMED RIYAS
2024:KER:59656
MACA NO. 2347 OF 2023
2
D/O LATE HAMZA, AGED 36 YEARS
NECHAT(H),PACHATTIRI, PARIYAPURAM VETTAM,TIRUR
TALUK, MALAPPURAM DISTRICT,, PIN - 676105
6 FOUSIYA
32 YEARS,W/O ANWAR, 16/212, ELLIKKAL HOUSE, TANUR
P.O, TANUR MALAPPURAM DISTRICT, PIN - 676302
BY ADV SMITHA.S.PILLAI - STANDING COUNSEL
SRI.P.K.MANOJKUMAR - STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 07.08.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:59656
MACA NO. 2347 OF 2023
3
JUDGMENT
Dated this the 7th day of August, 2024 The appellant is the claimant in O.P.(MV) No.90 of 2019 on the file of the Motor Accidents Claims Tribunal, Tirur.
The said claim petition was filed by the appellant claiming an amount of Rs.20,00,000/- as compensation for the death of her husband in a motor accident on 14.06.2018. The Tribunal awarded an amount of Rs.7,09,000/- as compensation under different heads, directing the third respondent insurer to deposit the said amount along with interest at the rate of 6% 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 the respondent insurer submitted that they have filed a joint statement dated 2024:KER:59656 MACA NO. 2347 OF 2023 4 12.07.2024, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of Rs.60,000- (Rupees Sixty Thousand Only) including interest as additional compensation in the account of the appellant, in full and final settlement of the dispute in the appeal.
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 Rs.60,000- (Rupees Sixty Thousand Only) including interest as additional compensation before the Tribunal, in full and final settlement of the dispute in the appeal. 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 2024:KER:59656 MACA NO. 2347 OF 2023 5 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 RK LA AT BEFORE THE HON'BLE HIGH COURT OF KERA ERNAKULAM MACA. NO. 2347 OF 2023 d 10 .0 3. 20 23 in O. P. (M V) No. 90 /2019 on the (Against awar d da te ur) file of the Motor Accidents Claims Tribunal, Tir Nafeesa : Appellant/petitioner No.1 Vs. Dirar & others Respondents/respondents & Petitioners 2 to 4 BY THE APPELLANT AND gro EMENT BMITTED RANCE COMPANY LTD D I ED IND is fil ed ag ai ns t the aw ar d da te d da te d 10.03.2023 in
1. The appeal 01 9 on the file of the Mo to r Ac ci de nt s Claims O.P.(MV) No. 90 /2 Tir ur. Th e le ar ne d Tr ib un al has fo un d that the primary Tribunal, re sp on de nt s 1 & 2, wh o wa s the rid er and owner liability was on icl e an d ma de in su re r of the Mo to r cyc le KL of the offending veh 88 41 lla ble to pay the co mp en sa ti on of Rs. Rs. 7,09,000/- 55-G-
ee s Se ve n La kh nin e th ou sa nd onl y) wit h int erest @ 6% per (Rup the dat e of Ins tit uti on of the pet iti on till the dat e of annum from of the am ou nt wit h pro por tio nat e cos t as against a claim deposit 00, 000 /- wit h int ere st and cos t. In the appeal the of Rs. 20, claimant seeks enhancement.
was pos ted for pr e- se tt le me nt tal k and the appellant >. The matter on de nt aft er det ail ed dis cus sio n has vol unt arily and the resp nas lot o--_ For UNITED INDIA INSURANCE CO. LTD.
yO Authorised Signatory © Scanned with OKEN Scanner agreed to settle the above appeal. The appellant has agreed to accept in addition to the amount already awarded, an additional amount of Rs.60,000 (Rupees Sixty thousand only) in full and final settlement of all claim In dispute in this appeal. The above amount includes the interest component also. The 3 respondent Insurer has agreed to deposit the above consolidated amount of Rs.60,000 (Rupees Sixty thousand only) in full and final settlement of the dispute in the appeal.
3. The appellant shall furnish the bank account particulars and PAN Card details to the 38° respondent insurance company within one month and the insurer shall comply with the deposit of the amount within one month thereafter.
4. It is humbly prayed that this Hon'ble Court may pronounce a judgment as per this settlement memo.
Dated this the 12' day of July 2024.
Appellant Authorised Ignatory
mas Af Oat:
ffasqlem?
Counsel for the appellant Counsel for the 3™ respondent Aly. G prelurco/ coxph © Scanned with OKEN Scanner