The High Court of Kerala allowed a motor accident claims appeal following an amicable settlement between the appellant and the respondent insurer, directing the insurer to deposit an additional sum of Rs. 50,000.
Directed the respondent to deposit Rs. 50,000 within two months of receipt of judgment copy, with 9% p.a. interest 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
MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945
MACA NO. 522 OF 2023
AGAINST THE AWARD DATED 06.08.2021 IN OP(MV)NO.17/2019 OF MOTOR ACCIDENTS
CLAIMS TRIBUNAL, MANJERI
APPELLANT/PETITIONER:
ABDUL ALAM,
AGED 28 YEARS,
S/O HARUN,VILLAGE RAMUNIYA,
BISFI,MADHUBANI,
BIHAR, PIN - 847122
BY ADVS.SMT.PRAJISHA M.
SRI.N.V.P.RAFEEQUE
RESPONDENT/RESPONDENT NO:2:
UNITED INDIA INSURANCE COMPANY LTD.,
REP. BY DIVISIONAL MANAGER, ARAFA BUILDING,
2ND FLOOR,COURT ROAD,MANJERI,MALAPPURAM DT, PIN - 676121
BY ADV SRI.P.K.MANOJKUMAR, STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.No.522 of 2023
2
JUDGMENT
Dated this the 4th day of December, 2023
The appeal on hand is directed against an award passed
by Motor Accidents Claims Tribunal, Manjeri (for short ‘the Tribunal’) on 06.08.2021 in OP(MV) No.17/2019.
50,000/- (inclusive of interest) as additional compensation payable in favour of the appellant. The sole respondent who was the 2<sup>nd</sup> respondent before the Tribunal has agreed to deposit 50,000/- within a period of two months from the date of receipt of a certified copy of the judgment when that will be passed based on the joint statement. In case of default, the sole respondent has also agreed to pay interest at the rate of 9% per annum from the date of default.M.A.C.A.No.522 of 2023
3
the date of receipt of a certified copy of this judgment. In case
of default, the sole respondent shall also pay interest at the
rate of 9% per annum from the date of default.
The joint statement shall also form part of this judgment.
Sd/-
MARY JOSEPH
JUDGE
MJL
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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
M.A.C.A. No. 522 of2023
APPELLANT /PETITION ER ABDULALAM S/O HARUN AGED 28 YEARS VILLAGE RAMUNIYA BISFl, MADHUBANI BIHAR, PIN:847122
Respondent/ Respondent no:2
UNITED INDIA INSURANCE COMPNY LTD REP. BY DIVISIONAL MANAGER ARAFA BUILDING 2ND FLOOR, COURT ROAD MANJERI MALAPPURAM DT PIN 676121
JOINT STATEMENT FILED BY THE APPELLANT AND THE 2ND RESPONDNET INSURANCE COMPANY
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3.The appellant and the insurance company have negotiated the matter outside the court and arrived into a compromise settlement in full and final settlement of all claims of the appellants. It is agreed that the respondent insurance company shall pay an
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For UNITED INDIA INSUPANCE CO. LTD.
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additional amount of Rs.50,000/- ( Rupees Fifty Thousand Only ). The said amount of Rs. Rs. 50,000/- is including the interest also.
4.The respondent Insurance company hereby agrees to deposit the above said amount before the Tribunal within a period of two months from the date of receipt of copy of the Judgment. In case of default of payment within two months as stated above the respondent insurance company is liable to pay the interest @ 9% from the date of default.
® The settlementwill form partofthe Judgmentofthis Hon'ble court
Dated this the 14th day of September, 2023
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UNITED INDIA INSURANCE CO. LTD.
DNET.
1 issue framed by the court
Whether the appeal should be disposed of based on the parties' submitted settlement agreement regarding additional compensation?
2 provisions across 1 enactments
ABDUL ALAM
UNITED INDIA INSURANCE COMPANY LTD.
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court