Disposed

Fathima Jahana v. Tata Aig General Insurance Co.Ltd

Kerala HC19 Mar 2024MACA/936/2022

Case brief

AI extract

What is this about?

Appeal against Tribunal award of Rs.1,33,800/- compensation for injuries sustained in a motor accident, challenging quantum. Parties settled via joint statement; insurer agreed to pay an additional Rs.1,00,000/-. Court disposed of the appeal modifying the award accordingly.

What did the court decide?

Additional compensation of Rs.1,00,000/- inclusive of interest and cost ordered to be deposited by respondent/insurer within two months.

Fathima Jahana Vs Tata Aig General Insurance Co.Ltd — Motor Accident Claims | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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TUESDAY, THE 19^TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945

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MACA NO. 936 OF 2022

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AGAINST THE AWARD DATED 24.11.2021 IN OP(MV) NO.1019 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI

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APPELLANT/PETITIONER:

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FATHIMA JAHANA AGED 14 YEARS

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D/O SHARAFUDHEEN KUDUPALI (LATE),REP.BY GUARDIAN/MOTHER KHADEEJA, W/O LATE SHARAFUDHEEN KADUPALI,KADUPALI HOUSE, PANDIKKAD AMSOM, KUTTIPPULI DESOM, KOLAPPARAMBA P.O., PANDIKKAD, MALAPPURAM DISTRICT, PIN - 676521

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BY ADV SANIL.E

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RESPONDENT/2ND RESPONDENT:

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TATA AIG GENERAL INSURANCE CO.LTD 2ND FLOOR,SAFA TRADE CENTRE , NEAR RAILWAY STATION, KOTTAYAM REP.BY BRANCH MANAGER, PIN - 686001

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BY ADV LINTO FRANCIS

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A No. 936 of 2022

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JUDGMENT

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This appeal is arising from an award passed by the Motor Accidents Claims Tribunal, Manjeri, in O.P.(M.V) No. 1019/2019 The said claim petition was filed by appellant seeking compensation for the injuries sustained to her in a motor accident that occurred on 23.02.2019. The amount of compensation claimed by the appellant was Rs.3,50,000/- and The Tribunal awarded an amount of Rs.1,33,800/as compensation along with interest at the rate of 9% per annum from the date of petition till realisation. Being dissatisfied with the quantum of compensation this appeal is submitted.

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2 . Heard, Sri. Sanil E, the learned counsel appearing for the appellant and Sri. Linto Francis, the learned counsel appearing for the respondent/Insurance Company.

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3 . The appellant as well as the respondent have filed a joint statement, indicating that the matter has been settled and as per the terms of settlement, the respondent had agreed to settle the claim of the appellant fully and finally by depositing a further sum of Rs.1,00,000/-, inclusive of interest and cost.

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M.A.C.A No. 936 of 2022

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In the light of the aforesaid settlement and joint statement, this appeal is disposed of, modifying the award dated 24.11.2021 in O.P.(M.V) No.1019/2019 passed by the Motor Accidents Claims Tribunal, Manjeri, by granting an additional compensation of Rs. 100,000/-(Rupees one lakh only), inclusive of interest and cost 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 this judgment, failing which, the said amount will carry interest at the rate of 8% 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, she fails 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

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT

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ERNAKULAM

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MACA No. 936 of 2022

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Fathima Jahana Rep.by mother Khadeeja

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Appellants

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TATA AIG General Insurance Co Ltd.

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Respondents

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JOINT MEMO OF COMPROMISE FILED BY THE APPELLANT AND THE RESPONDENT, MIS.TATA AIG GENERAL INSURANCE CO LTD.

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I. The above appeal is filed against award dated 24-11-2021 in O.P(M.V.)No. IO 19/2019 of Motor Accidents Claims Tribunal, Manjeri. This appeal is for challenging the quantum awarded in this injury case by the Motor Accidents Claims Tribunal, Manjeri in the original petition.

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The matter involved in the appeal has been settled between the parties. It is agreed that the respondent/Insurer shall deposit an additional amount of Rs.1,00,000/-(Rupees One Lakh Only) in full and final satisfaction of all throughout, within two months from the date of receipt of the judgment of this Honourable Court, failing which the said amount will carry 8% their claim in the above case including the compensation, interest and costs interest from the date of default.

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The Appellant relinquishes their claim for the balance amount and also undertakes that there is no threat, coercion or undue influence in arriving at the above settlement.

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In the circumstances, the above appeal may be disposed in tenns of this joint memo of compromise, making this as part of the final order.

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Facts stated above are true and correct.

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Dated the 28th day of Februaray, 2024.

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Appellant

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Respondent/Insurer

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Counsel for Respondent

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, • , r I [
*

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lllTO FRANCIS

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Advocate Vahyaparambil Roll No: K· 140/2011 Mob-98090 6~l49

Fathima Jahana v. Tata Aig General Insurance Co.Ltd

Case brief

What is this about?

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Fathima Jahana v. Tata Aig General Insurance Co.Ltd

Case brief

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