Ajeesh Chandran vs The United India Insurance Company ...

Kerala High Court

Ajeesh Chandran vs The United India Insurance Company ... on 23 May, 2024

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                     MACA NO. 213 OF 2021
 OPMV NO.844 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
                           KOTTAYAM
APPELLANT/PETITIONER:

            AJEESH CHANDRAN
            AGED 30 YEARS
            S/O. CHANDRASEKHARA PILLAI, AGED 30 YEARS,
            SANTHIBHAVAN, KUNNAMTHANAM, MANTHANAM P.O,
            MALLAPPALLY, PIN CODE-689 581.

            BY ADVS.
            MATHEWS K.PHILIP
            SMT.T.MANASY
            SMT.MINISHA K DAS



RESPONDENT/3RD RESPONDENT:

            THE UNITED INDIA INSURANCE COMPANY LIMITED
            KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER,
            KOTTAYAM, PINCODE-686 601

        BY ADV SRI.S.K.AJAYAKUMAR



OTHER PRESENT:

            SRI. P.K. MANOJKUMAR -SC


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION    ON   23.05.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 MACA NO. 213 OF 2021

                             ..2..




                           JUDGMENT

The appellant is the claimant in OP(MV) No.844 of 2017 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was filed by the appellant claiming an amount of Rs.10,00,000/- as compensation for the injuries sustained by him in a motor accident occurred on 03.02.2017. The tribunal awarded an amount of Rs.5,92,790/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 8% per annum from the date of filing the claim petition, i.e., 22.06.2017, till realization. Being dissatisfied with the compensation awarded, the appellant has come up in appeal.

2. Today, when the matter came up for consideration, the learned counsel for the appellant as well as the learned Standing Counsel for the respondent insurer submitted that they have filed a joint statement dated 12.04.2024, wherein it is stated that the claim of the appellant has been settled by MACA NO. 213 OF 2021 ..3..

the respondent insurer, agreeing to deposit a further amount of Rs.1,00,000/- including interest as additional compensation in the account of the appellant 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 9% per annum from the date of default.

3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the respondent insurer to deposit an amount of Rs.1,00,000/- (Rupees one lakh only) including interest as additional compensation in the account of the appellant 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 9% per annum from the date of default. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the respondent insurer within a period of one month from the date of receipt of a certified copy of this judgment so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance MACA NO. 213 OF 2021 ..4..

company to deposit the said amount before the tribunal.

The appeal is disposed of, in terms of the joint statement as above. The joint statement will form part of the decree.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-