Kerala High Court
Adityan B vs The Divisional Manager,United India ... on 10 July, 2025
2025:KER:51260
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
MACA NO. 2525 OF 2019
AGAINST THE AWARD DATED 23.02.2019 IN OPMV NO.353 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/PETITIONER:
ADITYAN B. (MINOR)
AGED 11 YEARS, S/O. BINU,
VADAKKECHERUKONATHU, MUDIYOORKONAM P. O.,
PANDALAM, REPRESENTED BY NATURAL GUARDIAN FATHER,
BINU, S/O. CHANDRAN, VADAKKECHERUKONATHU,
MUDIYOORKONAM P. O., PANDALAM
BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
KIZHAKKEDAM COMPLEX, PATHANAMTHITTA - 689546
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:51260
MACA NO. 2525 OF 2019
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.353 of 2015 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The said claim petition was filed by the appellant claiming an amount of Rs.5,00,000/- as compensation for the injuries sustained by him in a motor accident on 09.09.2014. The Tribunal awarded an amount of Rs.1,69,394/- as compensation under different heads, directing the third respondent insurer to deposit the said amount along with interest at the rate of 9% per annum from the date of filing the claim petition 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 third respondent insurer 2025:KER:51260 MACA NO. 2525 OF 2019 3 submitted that they have filed a joint statement dated 24.06.2025, wherein it is stated that the claim of the appellant has been settled by the third respondent insurer, agreeing to deposit a further amount of Rs.3,00,000/- inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the second respondent, 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.
3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the third respondent insurer to deposit an amount of Rs.3,00,000/-
(Rupees Three Lakh Only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the second respondent, within a period of two months from the date of receipt of a copy of this judgment, failing 2025:KER:51260 MACA NO. 2525 OF 2019 4 which, the said amount will carry interest at the rate of 8% per annum from the date of default. The claimant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the third 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 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 judgment.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE RK BEFORE THE HONCURABLE HIGH COURTOF KERALA AT HRNAKULA!\II M-A.C.A.f{#" 2525 ?019 cf Adityan.B Appellant V$.
The Divisional Manag€r, united lndia Respondent ln*urftftGe C*rxpany Ltd JOII{T S"TAfEUEI{T FILED BY THE APPELL*ITT AI{D THE RESPOSDENT
1. The above appeal is filed against the award in op {MV} No. 353t2015 which was disposed of by the Motor Accidents crairns Tribunal, Pathanamthitta by award dated 23tztzo1g.. The original petition is filed by the apperlant claiming compensation in respect of tJre personal injuries sustained by him in a road traffic_ accident occurred on 9twza14 at about 1.00 pm while the appellant, was standing by the side of pandalam-Mavelikkara Road at cherumara Junction a motor.cycle KL-31-A-3997 came in a rash and negligent manner and knocked down the appellant. As a result of the accident the appellant sustained serious injuries. The Tribunar had grantecr Rs= 1,69,3941- as compensation along with interest @9yo p.a. from the date of claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since the respondent had admitted the coverage of the insurance poricy in respect of the offending vehicie, the liability to pay the compensation is on the respond.ent. Hence the settlement is arrived at between the appellant and the respondent.
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2. Ttre appellant above named and the respondent have negotiated the matter out of court and willingly arrived at a compromise settlement in full and fina1 settlement of atl the claims of the appellant egainst the respondent arising out of the accident and the original petition mentioned above. It is agreed that the respondent insurance company shall pay an additional amount of Rs. 3,00,00o/- {Rupees Three Lakh only} inclusive of all interest and cost to the appeliant by way of full and final settlement of all the claims of the appellant against the 2nd respondent. 3" The respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from trre date of I receipt of a copy of the judgment from the Hon.ble High court, in case of default as stated above the respondent is liable to pay interest @ BYo from the date of defaulter.
4. There is no threat coercion or undue influence in arriving at the above settlement. This settlement will form part of the judgment of the Honble High cnurt of Kerala.
Dated this the 24r. d,ay of June 2025.
AppeIIant
Adityan" B
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R*s3r$sld#ffit: united lndie nsure*ce \Fr* Suthorised Signatory r Aru.Senth*sh *oun$el for the Appellant **epa w Counsel f*r the respsnder*t