V.S. Chandrasekhara Pillai vs Thankamany Amma
2024 Latest Caselaw 8733 Ker

Kerala High Court

V.S. Chandrasekhara Pillai vs Thankamany Amma on 27 March, 2024

Author: Mary Joseph

Bench: Mary Joseph

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                    THE HONOURABLE MRS. JUSTICE MARY JOSEPH
           WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                             MACA NO. 3937 OF 2018
AGAINST THE AWARD DATED 31.03.2017 IN OP(MV) NO.680 OF 2010 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL,PUNALUR
APPELLANT/1ST RESPONDENT:

               V.S. CHANDRASEKHARA PILLAI,
               AGED 64 YEARS,S/O VELAYUDHAN PILLAI,
               RESIDING AT ARAPPURA VEEDU, PAZHANGALAM, NALLILA P.O.,
               KOLLAM DISTRICT.
               BY ADV.SRI. R.NIKHIL

RESPONDENTS/APPLICANTS & RESPONDENTS 2&3:

       1       THANKAMANY AMMA,
               AGE NOT KNOWN TO THE APPELLANT, W/O BALAKRISHNA PILLAI,
               RESIDING AT THURAVOOR VALIYA VEEDU, VILAYANTHOOR,
               ODANAVATTOM, KOTTARAKKARA, KOLLAM DISTRICT-691512.
       2       JAYADEVI,
               AGE NOT KNOWN TO THE APPELLANT, D/O BALAKRISHNA PILLAI,
               RESIDING AT KRISHNA, KIZHAKKEKARA,KOTTARAKKARA, KOLLAM
               DISTRICT-691542.
       3       MAYA,
               AGE NOT KNOWN TO THE APPELLANT, D/O BALAKRISHNA PILLAI,
               RESIDING AT VRINDAVANAM, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM
               DISTRICT-691542.
       4       GOPALAKRISHNA PILLAI,
               AGE NOT KNOWN TO THE APPELLANT, S/O BALAKRISHNA PILLAI,
               RESIDING AT ANASWARA, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM
               DISTRICT-691542.
       5       BIJU,
               AGE NOT KNOWN TO THE APPELLANT, S/O BANIYAN,
               RESIDING AT PARAMUKAL PADINJATTETHIL VEEDU, MYLADUMPOIKA,
               UMMANNOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT-691542.
       6       THE MANAGER,
               BAJAJ ALLIANZ INSURANCE CO. LTD., GE PLAZA, AIRPORT ROAD,
               YERWADA, PUNE, MAHARASHTRA-411006.
               R1 to R4 BY ADVS.SRI.N.SASIDHARAN UNNITHAN
                                SRI.A.R.DILEEP
                     R6 BY ADV. SRI.AKHIL K.MADHAV


THIS   MOTOR    ACCIDENT   CLAIMS   APPEAL     HAVING   BEEN   FINALLY   HEARD   ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 M.A.C.A.No.3937 of 2018
                                 2



                            JUDGMENT

Dated this the 27th day of March, 2024

The appeal on hand is originated from an award passed by

Motor Accidents Claims Tribunal, Punalur (for short 'the

Tribunal') on 31.03.2017 in O.P.(MV) No.680/2010. The

appellant is the 1st respondent who is none other than the

registered owner of a stage carriage bus bearing Registration

No.KL-2M-2802, involved in the motor accident. The bus hit

against a car and in the impact, the car was damaged

extensively and the passengers travelling inside sustained

injuries. Compensation was sought by filing the Original

Petition as above.

2. During pendency of the Original Petition, original

petitioner died and his legal representatives were brought on

record as petitioners 2 to 5. The Tribunal has passed an award

for a sum of `94,201/- as compensation. Interest at the rate

of 7% per annum was also ordered to be paid for the sum, from

the date of filing of the Original Petition till the date of

realisation. It directed the 6 th respondent herein to pay the

compensation in favour of additional petitioners and recover the

same from the appellant who was the registered owner of the

stage carriage bus, for violation of a policy condition by him.

Aggrieved by the recovery right granted in favour of the

insurer, the owner of the stage carriage bus has approached

this Court in the appeal on hand.

3. During pendency of the appeal, the parties to it have

negotiated the issues involved and arrived at an amicable term

of settlement whereby, the insurer has agreed to recover only a

sum of `55,000/- in full and final satisfaction, from the

appellant. Following the settlement of the issues, the appellant

and the 6th respondent have filed a joint statement signed by

each of them and also by their respective counsel. Accordingly

a Demand Draft bearing No.210492 was drawn on State Bank

of India, Kollam, Civil Station Branch by the appellant for a sum

of `55,000/- (Rupees Fifty Five Thousand only) and handed

over to the Manager, Bajaj Allianz Insurance Co.Ltd. who is the

6th respondent in the appeal.

4. In view of the payment made as above, the parties

also agreed that the appeal in question can be allowed and

`25,000/- deposited by the appellant towards statutory deposit

evidenced by the receipt produced alongwith the memorandum

of appeal can also be released to the appellant. It is further

stated in the joint statement that the terms of settlement

aforestated have been entered into between the parties without

threat, coercion or undue influence. In the above

circumstances, this Court is inclined to allow the appeal in

terms of the joint statement.

5. In the result, the appeal on hand is allowed and a

judgment is passed on terms of settlement arrived at among

the parties. `25,000/- stands in statutory deposit is also

ordered to be released to the appellant on an application being

filed for the purpose.

Joint statement shall also form part of this judgment.

Sd/-

MARY JOSEPH JUDGE

MJL BEFORH THE HON'BLE HIGH COURT OF KHRALA AT ERNAKULAM M.A.C.A. NO: 3937/ 2018

(Against the award dated 31.03.2017 in O.P (MV) No:680/2010 on the files of the Motor Accidents Claims Tribunal, Punalur)

V.S chandrasekhara pillai ........ Appellant/ 1St Respondent Vs. Thankamony Amma & Others ........ Respondents/ Applicants &Respondents 2&3

JOINT STATEMENT FILED BY THE APPHLLANT AND THE 6TH RESPONDHNT

1. The above appeal is filed against the award dated 31.03.2017 in o.P (MV) No:680/2010 on the files of the Motor Accidents Claims Tribunal, Punalur. The original petition was filed by the original claimant claiming compensation for the damage caused to his car bearing Regn No: KL-02-R- 6660 in a road traffic accident on 28.08.2009 at about 09.00AM, while his son was driving the car along the Kottarakkara- Oyoor public road from south to north. When the car reached Nellikunnam Junction, the offending stage carriage bus bearing Regn No: KL-02-M-2802 coming in the opposite direction, driven by the 5th respondent herein in a rash and negligent manner, hit against the car and due to the impact of the hit extensive damage was caused to the car and the passengers in the car also sustained serious injuries. For repairing the car, he has spent more than Rs.1,00,000/-. The accident occured solely due to the rash and negligent driving of the stage caITiage bus bearing Regn No: KL-02-M-2802 by the 5th respondent herein. During the proceedings, the original applicant died and the respondents 1 to 4 herein were impleaded as additional claimants.

2. The Tribunal vide impugned award held that the applicants were entitled to realize an amount of Rs.94,201/-with interest @ 7°/o p.a from the date of application till realisation and that it was ordered to be paid by the 6th respondent herein, however granted a recovery right to get the same recovered from the appellant, who was the registered owner of the offending stage carriage bus, on the ground of violation of policy

;°pnpde[:::nts:¥s=#€xpasekharapillaigr~ForBajajAllianzGenerallnsuranceco.ltd

6th Respondent-The Manager, Bajaj Allianz Insurance co. Ltd S± g± AuthorizedSignatory

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3. Now the appellant and the 6th respondent has settled the matter by mutually agreeing to pay an amount of Rs.55.000/-(Rupees Fifty Five Thousand Only) towards the full and fmal satisfaction of the recovery right in the impugned award.

4. Accordingly, the appellant had taken a Demand Draft for Rs.55.000/-(Rupees Fifty-Five Thousand Only) bearing No:210492 drawn on the State Bank of India, Kollam Civil Station Branch and that the same is handed over to the officer concerned of the 6th respondent.

5. Thus, in view of the payment made stated above, the parties hereto agrees that the above appeal can be allowed based on the settlement and that the amount of Rs.25,000/- deposited by the appellant towards statutory deposit as evidenced by the receipt produced along with the memorandum of appeal can be released to the appellant.

6. There is no threat, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at the settlement either.

Hence it is most humbly prayed that this Hon'ble Cout may be pleased to accept the terms of settlement entered into between the parties and that the appeal be allowed modifying the award as per the settlement stated above and appellant be permitted to withdraw the amount of Rs.25,000/- deposited by the appellant towards statutory deposit, before the Motor Accidents Claims Tribunal, Punalur in O.P (MV) No:680/2010.

Dated on this the 18th day of March, 2024

rant-v.schanerpiiiai

Counsel for the Appellant ForBajajAllianzGenerallnsuranceco.ltd 6th Respondent-The Manager, Bajaj Allianz Insurance Co. Ltd EiEE Akhil.K.Madhav J`)-i-J=-- AuthorizedSignatory

Counsel for the 6th respondent c5. Sci 8efE" bexm_arft` ngivfac.at`

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