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:
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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
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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
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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/-
