Appeal against MACT award allowed based on a post-hearing settlement. Court directed respondent to pay ₹3,36,000 to appellants within two months with 8% interest on default.
Respondent directed to pay ₹3,36,000 to appellants in full and final settlement of all claims within two months; interest at 8% on default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 29TH DAY OF NOVEMBER 2023 / 8TH AGRAHAYANA, 1945
MACA NO. 1730 OF 2022
AGAINST THE AWARD DATED 24.02.2022 IN O.P(M.V) NO.305/2019 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANTS/PETITIONERS:
1PRAMEELA,
W/O.MURALI, AGED 45 YEARS, PYNADATH HOUSE,
CHERIYAVAPPALASSERY, ANGAMALY SOUTH P.O, PIN – 683 573
2SAYOOJYA MURALI, D/O.MURALI,
AGED 23 YEARS, PYNADATH HOUSE, CHERIYAVAPPALASSERY,
ANGAMALY SOUTH P.O, PIN – 683 573
3SWADEEKA M.P., D/O.MURALI,
AGED 18 YEARS, PYNADATH HOUSE, CHERIYAVAPPALASSERY,
ANGAMALY SOUTH P.O, PIN – 683 573
4SWAYENDU M.P., D/O.MURALI,
AGED 18 YEARS, PYNADATH HOUSE, CHERIYAVAPPALASSERY,
ANGAMALY SOUTH P.O, PIN – 683 573
5KALIKUTTY, W/O.PAVITHRAN,
AGED 75 YEARS, PYNADATH HOUSE, CHERIYAVAPPALASSERY,
ANGAMALY SOUTH P.O, PIN – 683 573
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY
K.G.TOWERS, THRISSUR ROAD, ANGAMALY
REPRESENTED BY ITS MANAGER, PIN - 683572
BY ADV. SRI.P.K.MANOJ KUMAR
SMT.ALICE THOMAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 29.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.1730 of 2022
2
JUDGMENT
Dated this the 29th day of November, 2023
The appeal on hand is originated from an award
passed by Motor Accidents Claims Tribunal, Perumbavoor (for short ‘the Tribunal’) on 24.02.2022 in O.P(M.V) No.305/2019. The appellants are petitioners before the Tribunal and they seek for
enhancement of compensation.
M.A.C.A.No.1730 of 2022
3
respondent has agreed to pay the additional compensation to the appellants in full and final settlement of all claims of the appellants. The respondent has also agreed to deposit the above amount before the Tribunal within a period of two months from the date of receipt of a copy of the judgment that would be passed in the case based on the joint statement. In case of default, respondent has also agreed to pay interest at the rate of 8% per annum from the date of default.
M.A.C.A.No.1730 of 2022
4
to pay interest at the rate of 8% per annum from the date of default.
The joint statement shall also form part of this judgment.
Sd/-
MARY JOSEPH
JUDGE
NAB
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM M.A.C.A.No. 1730 of 2022
of 2022 Appellants
Prameela & ors
Vs. United India Insurance Company Ltd Respondent
JOINT STATEMENT FILED BY THE APPELliANTS AND THE REsrororm
Appelfants: Prameela cj2# Sayoojya
swatheekaM.p orE>t¢ca swayenduM.gfapg#
Kalikufty q®
ForuNITEDIN.5!.A.i.NSURANCECO.LTD_, R®spond®nt: United Insurance
Hence the settlement is arrived at between the appellants and the respondents.
Dated this the 3rd day of November, 2023
Swatheeka M.Pj5pr¢±±±9 Swayendu M.P74ng±=±gr
Kalikutty ey
EEI"E
Sfonat°r\ AL,c#^S
Counsel for the respondent
PRAMEELA & ORS.
UNITED INDIA INSURANCE COMPANY
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court