Allowed

Ajeesh K.R v. the New India Assurance Company Ltd.

Kerala HC18 Mar 2024MACA/880/2023

Case brief

AI extract

What is this about?

The High Court disposed of the appeal filed against the Motor Accidents Claims Tribunal's award. The Court modified the original award by incorporating a joint settlement memo, ordering the insurance company to deposit an additional amount as part of the full and final settlement.

What did the court decide?

The award of the Tribunal was modified to grant an additional amount of Rs. 1,00,000 to the appellant as per the settlement memo.

Ajeesh K.R Vs the New India Assurance Company Ltd. — Insurance | Kerala HC (2024)

¶1

MACA.No.880/2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶6

MONDAY, THE 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945

¶7

MACA NO. 880 OF 2023

¶8

AGAINST THE ORDER/JUDGMENT DATED 23.09.2022 IN OPMV NO.108 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM

¶9

APPELLANT/PETITIONER:

¶10

AJEESH K.R, AGED 33 YEARS, S/O.RAVI K.K, RAJEESH BHAVAN, KAVANTTINKARA, KUMARAKOM NORTH P.O. KUMARAKOM VILLAGE, KOTTAYAM, PIN – 686 563.

¶11

BY ADV.JOSSY KURIAN

¶12

RESPONDENT/2ND RESPONDENT:

¶13

THE NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, COLLECTORATE, KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER, PIN – 686 002.

¶14

BY ADV.Deepa George George

¶15

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.880/2023

JUDGMENT

The appellant is the petitioner in O.P.(MV).No.108 of 2018 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was submitted by him seeking compensation for the injuries sustained in a motor accident that occurred on 17.01.2016. Claim petition was submitted by him seeking a total compensation of Rs.5,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.2,72,146/and the 3^rd respondent was directed to deposit the same along with interest at the rate of 6% per annum from the date of petition till realization. This appeal is submitted challenging the same.

¶20

Heard Sri.Jossy Kurian, learned counsel for the appellant and Smt.Deepa George, learned counsel for the respondent.

¶21

The appellant and the respondent had filed a joint settlement memo to the effect that the matter has been settled between the parties and as per the settlement the respondent

¶22

MACA.No.880/2023 3

¶23

had agreed to deposit a further sum of Rs.1,00,000 (Rupees one lakh only) inclusive of interest in full and final satisfaction of the claim of the appellant.

¶24

In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 05.03.2024, this appeal is disposed of modifying the award dated 23.09.2022 passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.108 of 2018 granting an additional amount of Rs.1,00,000 (Rupees one lakh only) inclusive of interest to the appellant herein and the said amount shall be deposited by the respondent Insurance Company within a period of two months from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 8% per annum from the date of default. The joint settlement memo will form part of the judgment.

¶25

It is further ordered that the claimant shall furnish the details of the PAN Card, AADHAR Card and Bank details to enable the Insurance Company to make the deposit as ordered

¶26

MACA.No.880/2023

¶27

¶28

above, within a period of one month from the date of receipt of a copy of this judgment. In case, he fails to furnish the said details, it shall be open for the Insurance Company to deposit the same amount before the Tribunal.

¶29

Sd/-

¶30

ZIYAD RAHMAN A.A. JUDGE

¶31

DG/18.3.24

¶32

BEFOR THE HONOURABLE HIGH COURT OF KERALA AT

ERNAKULAM

MACA. No.88O of ZOZa

AJEESSHKR

Appellant/^petitioner

¶37

¶38

TheNew India Asssurance Company Ltd

¶39

Respondent/ Respondent

¶40

JOINT STATEMENT FILED BY THE APPEILANT AND

¶41

ENT

¶42

The above appeal is filed against the Arnard dated 23.og.2o22 passed by the Motor Accident craims Tribunal, Kottayam in op ( MV) No. 108/2018. on 17.o1.2016 at about 03.30 p.M, while the appeliant was riding his motor cycle bearing Registration No. KL-05- AG-427g through the Kottayam- Parippu road towards west direction, along with his u,ife and child as pillion riders. When he reached at Virippukala bhagom in Avmanam, the offending motor cycle bearing Registration No.KL-36-c1763, u,hich came from opposite direction; with an exorbitant speed very rash and negligent manner hit down the motor cycle rided bry the appellant and it resulted to the accident, and appellant and'his wife and child suffered very severe injuries. It is challenging the quantum of compensation that the above appeal is filed. Since the respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the respondent. Hence the settlement is arrived at between the appellant and respondent.

¶43

The above named appellant and the respondent have negotiated the matter out of court and wiilingly arrived at a compromise settlement in full and final settlement of all the claims of the appellants against the respondent arising out of the accident and the original petition mentioned above.

Appellant Respondent

€E-3

Ajeesh K R

The New India Assurance Co.Ltd

¶48

For ond on 8aftalf of:TlrE t{srY fion *siufiANCE co. Lro.

¶49

ffromrt

¶50

It is agreed that the respondent Insurance Company shall pay an additional amount of Rs. 73,5ool- towards principle amount and Rs. 22,O5Ol- tor,vards interest and which is rounded to Rs.1,00,000/-( Rupees one lakh only) to the appellant by u,ay of fuli and final settlement of all the claims of the appellant against the respondent.

¶51

The respondent hereby agrees to deposit the above amount of Rs.100,000/-( One lakh Rupee only) before the tribunal within a period of two months from the date of receipt of a copy of the judgment from the Hon'ble High Court, and in case of default as stated above the respondent is liable to pay an interest @ B% from the date of default.

¶52

There is no threat or coercion or undue influence in arriving at the above settlement. This settlement will form part of the judgment of the Hon'ble High Court of Kerala.

¶53

Dated this the 5 th dav of March

¶54

Appellant ,Ys"4 Ajeesh K R

¶55

For md tlEW^on tH^$rRA*lcE c'

¶56

The New India Asssurance Co.Ltd

¶57

Counsel for the Appellant

¶58

Jossy Kurian

¶59

Counsel for the respondent w

¶60

Deepa George

Ajeesh K.R v. the New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Ajeesh K.R v. the New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kalyani Vs Abdul Aziz

Sarada Vs Siju.B.S.

Raveendran Vs Joshy

T.Shekar, Vs N.Thangaraj

Akhil.P.Joy Vs Sandeep

Arun Vs Vijayan