Appeal against Motor Accidents Claims Tribunal award of Rs.8,55,000 for death in a 2015 motor accident, challenging quantum only. Claimants and insurer filed a joint statement recording full and final settlement for an additional Rs.10,50,000 inclusive of interest.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
MACA NO. 1441 OF 2019
AGAINST THE AWARD DATED 04.02.2019 IN OP(MV) NO.1560 OF 2016 OF THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONERS:
1 ABDUL NAZAR, AGED 40 YEARS S/O.BEERANKUTTY, KOMAKKAL THAZHAM HOUSE, RAMANATTUKARA, FEROKE COLLEGE.P.O., KOZHIKODE.
BY ADVS. K.P.ANIL KUMAR SRI.T.R.TARIN
RESPONDENT/RESPONDENTS:
1 MUHAMMED RASHIK,,S/O.HUSSAIN, CHEMBANKAVULLAKANDI HOUSE, CHELEMBRA.P.O., IDUMUZHIKKAL, MALAPPURAM-673631.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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M.A.C.A No. 1441 of 2019
JUDGMENT
This appeal is arising from an award passed by the Principal Motor Accidents Claims Tribunal, Kozhikode in O.P.(M.V) No. 1560/2016. The said claim petition was filed by appellan ts seeking compensation for the death of one Muhammed Nashil due to the injuries sustained in a motor accident that occurred on 28.09.2015. The amount of compensation claimed by the appellants was Rs.25,00,000/- and the Tribunal awarded an amount of Rs.8,55,000/- as compensation along with interest at the rate of 8% per annum from the date of petition till realisation and with proportionate cost. Being dissatisfied with the quantum of compensation this appeal is submitted.
2 . Heard, Sri. K.P Anil Kumar, the learned counsel appearing for the appellants and Sri. P.K Manojkumar, the learned counsel appearing for the 3 rd respondent/Insurance Company.
rd 3 . The appellants as well as the 3 respondent have filed a joint statement, indicating that the matter has been settled and as per the terms of settlement, the 3 rd respondent had agreed to settle the claim of the appellant s fully and finally by depositing a further sum of Rs.10,50,000/-, inclusive of interest.
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M.A.C.A No. 1441 of 2019
In the light of the aforesaid settlement and joint statement, this appeal is disposed of, modifying the award dated 04.02.2019 in O.P.(M.V) No.1560/2016 passed by the Principal Motor Accidents Claims Tribunal, Kozhikode, by granting an additional compensation of Rs. 10,50,000/-(Rupees ten lakh fifty thousand only), inclusive of interest to the appellants herein, and the said amount shall be deposited by the 3 rd respondent/Insurance Company within a period of two months from the date of receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 5% per annum from the date of default. The joint statement will form the part of this judgment. It is further ordered that, the claimant shall furnish the details of PAN card, Aadhar Card and Bank details to enable the insurance company to make the deposit as ordered above within a period of one month from the receipt of a copy of this judgment. In case, they fail to furnish the said details, it shall be open for the insurance company to deposit the said amount before the Tribunal.
Sd/-
ZIYAD RAHMAN A.A
JUDGE
rpk
1 issue framed by the court
Whether the Tribunal's compensation award for death in a motor accident should be enhanced in light of the joint settlement between claimants and insurer?
Abdul Nazar
Aminakutty.M
Fathima Rahana.K.P. (Minor)
Nihal K.P. (Minor)
Fathima Shahana.K.P. (Minor)
United India Insurance Co Ltd.
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
