Kerala High Court
Radha K.S vs The Oriental Insurance Company Ltd on 16 February, 2024
MACA.No.2376/2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
MACA NO. 2376 OF 2017
AGAINST THE ORDER/JUDGMENT OPMV 695/2012 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, NORTH PARAVUR / I ADDITIONAL MACT,
NORTH PARAVUR
APPELLANTS/PETITIONERS 1 AND 2:
1 RADHA K.S.,
W/O.LATE GOPALAKRISHNAN, AMMANCHERRY HOUSE,
KARUMALLOOR.
2 SIMI A.G.,
D/O.LATE GOPALAKRISHNAN, AMMANCHERRY HOUSE,
KARUMALLOOR.
3 SIVI A.G.,
D/O.LATE GOPALAKRISHNAN, AMMANCHERRY HOUSE,
KARUMALLOOR.
4 SAJITH GOPALAKRISHNAN,
S/O.LATE GOPALAKRISHNAN, AMMANCHERRY HOUSE,
KARUMALLOOR.
BY ADV.SRI.A.N.SANTHOSH
RESPONDENT/2ND RESPONDENT:
THE ORIENTAL INSURANCE COMPANY LTD.,
PATTAMANA BUILDING, PUMP JUNCTION, ALUVA-683 101.
BY ADVS.SRI.P.JACOB MATHEW
SRI.MATHEWS JACOB SR.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA.No.2376/2017 2
JUDGMENT
The appellant is the petitioner in O.P.(MV).No.695 of 2012
on the file of the Motor Accidents Claims Tribunal, North
Paravur. The said claim petition was submitted by the appellants
seeking compensation for the death of one Gopalakrishnan, in a
motor accident that occurred on 18.08.2012. Claim petition was
submitted by them seeking a total compensation of Rs.8,00,000/-.
The Tribunal passed an award allowing a total compensation of
Rs.9,41,000/- and the respondent was directed to deposit the
same along with interest at the rate of 9% per annum from the
date of petition till realization. This appeal is submitted
challenging the same.
2. Heard Sri.A.N.Santhosh, learned counsel for the
appellants and Sri.P.Jacob Mathew, learned counsel for the
respondent.
3. The appellants 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
had agreed to deposit a further sum of Rs.3,70,000/- (Rupees
three lakhs seventy thousand only) inclusive of interest in full
and final satisfaction of the claim of the appellant.
4. In the light of the aforesaid settlement, as evidenced
by the joint settlement memo dated 23.01.2024, this appeal is
disposed of modifying the award dated 14.06.2016 passed by the
Motor Accidents Claims Tribunal, North Paravur in O.P.
(MV).No.695 of 2012 by granting an additional amount of
Rs.3,70,000/- (Rupees three lakhs seventy thousand only)
inclusive of interest, to the appellants 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.
It is further ordered that the claimants 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 a period of one month from the date of receipt of a
copy 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
DG/16.2.24
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Radha.K.S & others Appellants
Vs.
The orfental Insurance company Ltd Respondent
+omT sT4rmHENT RIlraD Btr THE AppELIAlrTs A)rp TlIE
REPOHDRT
The above appeal is filed against the award in 0 O.P(MV)
No.695/2012 dated 14/6#016 on the file of the Addl. Motor Accidents
claims Tribunal, N. Paravur. The original petition is filed by the
appellants claiming compensation in respect of the death of the
husband of the lst appeuant who died in a road traffic accident
occulTed On 18/8/2012 at about 9.30 am while the deceased
Gopalakrishnan, was travelling as a pillion rider in a motor cycle bearing No.
KL42-A-2962 through Paravur-Aluva road and when the vehicle reachecl
near the Pallithazham, another motor cycle bearing No. K142-E4523 came
in a rash and neglisent manner and hit upon the motor cycle. As a result of
the accident the deceased sustained serious injuries. Immediately after the
accident the deceased was taken to Medical Trust Hospital, Emakulam and
treated there as an inpatient. While undergoing treatment the deceased
succumbed to the injuries.. The Tribunal had granted Rs. 9,41,000/- as
compensation along Twith interest @ gryo p.a. from the date of claim
petition. It is challenging the quantum of compensation that the
above appeal is ffled. Since the respondent had admitted the
coverage of the insurance pohicy in respect of the offending vehicle,
the liability to pay the compensation is on the respondent.
Hence the settlement is arived at between the appellants and
the respondents.
Appeihats: Radha.K.s gr simi A.G Z#
Sivi A.G .€j3 . Sajith Gopalakrishnan
Respondent: The Oriental Insurance Company Ltd
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For Ti-. E
Th fas
A i` `'~ E CO. LTD.
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2. The appellants above named and the respondent have
negotiated the matter out of court and willingly arrived at a
compromise settlement in fun and rinal settlement of all the claims of
the appellant against the respondent arising out of the accident and
the original petition mentioned above. It is agreed that the respondent
insurance company shall pa.y an additional amount of Rs. 3,70,000/-
(Rupees Three ljaThs Seventy Thousand Only) inclusive of all interest
and cost to the appellants by way of full and final settlement of all the
claims of the appellants against the respondent.
3. The respondent hereby agrees to deposit the above amount
before the Tribunal within a period of 2 months from the date of
receipt of a copy of the judgment from the Honble High Court, in case
of default as stated above the respondent is liable to pay interest @
8% from the date of default.
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 court of Kerala.
Dated this the 23rd day of January 2024
Appelhants: Radha.K.S sjrfu A.G f ty
sjvi A.G ee ` Sajith Gopalakrishnan
ed firfe
Respondent: The Oriental lnsuran EL.----`.--sS-
ANCE CO. LTD.
/0 z=_
3rfTerqifi a:T{ /Authoriced Sig natory
A.N.Santhosh Jaco Mathew P.
Counsel for the Appellants Counsel for the respondent
