Allowed

Abdu Rahman Thacharakkavil v. New India Assurance Company Ltd, Represented by Its Branchmanager

Kerala HC6 Dec 2023MACA/838/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed the motor accident claims appeal where the parties reached an amicable settlement during pendency, directing the insurer to pay an additional Rs. 2,40,000/- inclusive of interest and costs.

What did the court decide?

Respondent directed to pay additional compensation of Rs. 2,40,000/- inclusive of interest and costs via NEFT within 30 days of judgment with 9% interest on default.

Abdu Rahman Thacharakkavil Vs New India Assurance Company Ltd… — Insurance | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945

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MACA NO. 838 OF 2022

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AGAINST THE AWARD DATED 21.06.2021 IN OP(MV)NO.370/2019 OF III ADDITIONAL
MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE

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APPELLANT/PETITIONER:

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ABDU RAHMAN THACHARAKKAVIL,
AGED 38 YEARS, S/O.MUHAMMED,
THACHARAKKAVIL HOUSE, PANAYIL,
PALLIKKAL, MALAPPURAM - 673634

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BY ADVS.SMT.M.MANJU
 SRI.R.SUDHISH

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RESPONDENT/3RD RESPONDENT:

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NEW INDIA ASSURANCE COMPANY LTD,
REPRESENTED BY ITS BRANCHMANAGER,
BRANCH OFFICE, 2ND FLOOR, FAIR MOUNT BUILDING,
ERANHIPALAM, KOZHIKODE - 673006

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BY ADV.SMT. GIRIJA.K.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.No.838 of 2022

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JUDGMENT

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Dated this the 6^th day of December, 2023

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This appeal is originated from an award passed by III Additional Motor Accidents Claims Tribunal, Kozhikode (for short ‘the Tribunal’) on 21.06.2021 in OP(MV) No.370/2019. The appellant is the petitioner before the Tribunal and he seeks for enhancement of compensation in the appeal on hand.

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During the pendency of this appeal, the parties have amicably settled the matter for a sum of Rs.2,40,000/- as additional compensation. A Joint Compromise Petition signed by the parties and the respective counsel was also filed. The sole respondent in the appeal who was the 3^rd respondent before the Tribunal has agreed to pay the said sum (inclusive of interest and cost), in full and final satisfaction of all claims in the above appeal. The respondent has agreed to pay the said amount through NEFT to the appellant’s bank account, within 30 days from the date of receipt of the certified copy of the judgment that would be passed based on the joint compromise petition. In case of any default, the respondent has also agreed

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M.A.C.A.No.838 of 2022

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to pay interest at the rate of 9% per annum, from the date of default.

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In the result, MACA is allowed and the sole respondent (3^rd respondent before the Tribunal) is directed to pay `2,40,000/- (Rupees Two lakhs forty thousand only) (inclusive of interest and cost), the additional compensation arrived at, through NEFT in appellant’s bank account within 30 days from the date of receipt of a certified copy of this judgment. In case of default, the additional compensation will also carry interest at the rate of 9% per annum, from the date of default.

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The joint compromise petition shall also form part of this judgment.

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Sd/- MARY JOSEPH JUDGE

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MJL

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1]-

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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

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I.A No. of 2023

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MACA No. 838 of 2022

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PETITIONER/APPELLANT/CLAIMANT Abdu Rahman Thacharakkavil, Aged 39 years, S/o. Muhammed, Thacharakkavil House, Panayil, Pallikkal, Malappuram - 673634

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REspONDENT/ REspONDENTnNsuRER

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New India Assurance CompanyLtd, Represented by its BranchManager, Branch Office, 2nd Floor, Fair Mount Building, Eranhipalam, Kozhikode - 673006

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Ton`IT ConAIJROMISE PETITloN FILED UNDER ORDER xxlll RULE 3 READ i/VITII SECTION 151 0F TIIE CODE OF CIVIL PROCEDURE,1908

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The above appeal is filed against award dated 21.06.2021 in O.Pqu.V.)No.370/2019 of Ill Additional Motor Accidents Claims Tribunal, Kozhikode. The petitioner herein is the Claimant/Appellant in the appeal and the Respondent herein is the Respondent/Insurer in this appeal. Since the respondent herein/insurer had admitted the coverage of the insurance policy in respect of offending vehicle, the liability to pay the compensation is on the respondent herein.

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The petitioner herein/ appellant and the respondent herein/ insurer have entered into a settlement after filing of the appeal. As per the terms of settlement the respondent herein/insurer has agreed to pay an additional amount of Rs.2,40,000/- (Rupees Two La]ch Forty Thousand Only) in full and final satisfactionof a ll his claims in the above;ff###o;eNEL

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For and on Behalf of:THE NEW INDIA ASsl

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-c?-

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case including the compensation, interest and costs. The Appellant hereby undertakes and states that, no coercion or undue influence is applied and he has not filed any claim before any other Court and that he will not file any claim before any other Court in respect of the same cause of action in this claim.

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The Respondent/Insurance company shall pay the said amount of 2,40,000/- (Rupees Two Lakh Forty Thousand Only) through NEFT to the petitioner here in/ appellant's bank account within 30 days from the date of receipt of copy of Judgment from the Hon'ble High Court of Kerala, after allowing this compromise petition and passing of final Judgment in this appeal and in default the amount will carry 90/o interest from the date of default.

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In the above circumstances, it is most humbly prayed that the above appeal may be disposed in terms of this compromise petition, making this compromise petition as part of the final Judgment.

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Facts stated above are true and correct.

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DatedthistheA#ayofNovember,2023.

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Counsel for Respondent/ Insurer

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R5;v 1:A o> I p`igrR

Abdu Rahman Thacharakkavil v. New India Assurance Company Ltd, Represented by Its Branchmanager

Case brief

What is this about?

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Abdu Rahman Thacharakkavil v. New India Assurance Company Ltd, Represented by Its Branchmanager

Case brief

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What did the court decide?

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