Kerala High Court
Sathi Amma Pillai vs The Managing Director on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
MACA NO.154 OF 2017
AGAINST THE AWARD DATED 07.11.2016 IN O.P.(MV)NO.275/2014 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, PUNALUR
APPELLANTS/PETITIONERS:
1 SATHI AMMA PILLAI
W/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.
2 ARIYA KARUN
D/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.
3 ASHA KARUN
D/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.
4 ABHISHEK KARUN (MINOR)
S/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.
BY ADVS.
SRI.ANCHAL C.VIJAYAN
SMT.S.R.REMYA
RESPONDENTS/RESPONDENTS:
1 THE MANAGING DIRECTOR
K.S.R.T.C., TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM, PIN-695023.
2 NISSAR A.
THURAYIL VEEDU, PUNNAPARA, ALAPPUZHA DISTRICT,
PIN-688004.
3 THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE,
THIRUVANANTHAPURAM, PIN-695001.
MACA NO.154 OF 2017
2
BY ADVS.
SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT
CORPN.
SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3
ALEX ANTONY SEBASTIAN P.A. FOR R1
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA NO.154 OF 2017
3
JUDGMENT
This appeal arises from Award dated 07.11.2016 in O.P.
(M.V.) No.275/2014 on the file of Motor Accident Claims Tribunal,
Punalur. The said claim petition was filed by the appellants
seeking compensation for the death of one Karunakaran Pillai due
to the injuries sustained to him in the motor accident that occurred
on 03.02.2014. Even though the appellants claimed an amount of
Rs.10,00,000/- as the compensation, the Tribunal awarded an
amount of Rs.6,65,000/- and the 3rd respondent Insurance
Company was directed to deposit the said amount along with
interest @ 9% per annum from the date of petition till the date of
payment with proportionate cost. This appeal is submitted by the
appellants being dissatisfied with the quantum of compensation.
2. Heard Sri.Anchal C. Vijayan, learned counsel for the
appellants, Sri.Alex Antony Sebastian, learned counsel appearing
for the 1st respondent and Sri.Thomas Mathew Nellimoottil,
learned counsel appearing for the 3rd respondent.
3. Today, when the matter came up for consideration, the
MACA NO.154 OF 2017
appellants and the 3rd respondent filed a joint statement, as per
which it was conveyed that the claim of the appellants was settled
by the 3rd respondent by agreeing to pay an amount of
Rs.4,90,000/- inclusive of interest and cost in addition to the
amount already awarded by the Tribunal.
In the light of the aforesaid joint statement, this appeal is
disposed of modifying the award referred to above by granting an
additional amount of Rs.4,90,000/- (Rupees four lakhs and ninety
thousand only) inclusive of interest and cost to the appellants and
the 3rd respondent is directed to deposit the said amount within a
period of two months from the date of receipt of a copy of the
judgment. In case of any failure in making the said deposit, it shall
be open for the appellants to recover the said amount from the 3rd
respondent with interest @ 8% per annum from the date of
default. The joint statement shall form part of the judgment. It is
further clarified 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 above,
within period of one month from the date of receipt of a copy
MACA NO.154 OF 2017
of this judgment. In case, they fail to furnish the said details, it
shall be open for the insurance company to deposit the same
amount before the Tribunal.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
MACA NO.154 OF 2017
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE BIRTH CERTIFICATE NO
1967/06 ISSUED FROM THE REGISTRAR OF
BIRTHS AND DEATHS PUNALUR MUNICIPALITY
