Kerala High Court
Shaily vs United India Insurance Company Ltd on 1 November, 2024
2024:KER:81316
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
MACA NO. 704 OF 2017
AGAINST THE AWARD DATED IN OP(MV) NO.1359 OF 2013 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANTS/PETITIONERS:
1 SHAILY
W/O.LATE SHAJU, PAINADATH HOUSE,
ATTAPADOM ROAD, GHANNANAGAR, KORATTY P.O.
2 ANJU
AGED 16 YEARS, D/O.LATE SHAJU, MINOR,
PAINADATH HOUSE, ATTAPADOM ROAD, GHANNANAGAR,
KORATTY P.O.
3 AMAL
AGED 14 YEARS, S/O.LATE SHAJU, MINOR,
PAINADATH HOUSE, ATTAPADOM ROAD,
GHANNANAGAR,KORATTY P.O.
(APPELLANTS 2 AND 3 REPRESENTED BY THEIR
NATURAL GUARDIAN MOTHER 1ST APPELLANT)
4 THOMAS
S/O.CHAKKU, PAINADATH HOUSE, ATTAPADOM ROAD,
GHANNANAGAR, KORATTY P.O.
5 ROSY
W/O.THOMAS, PAINADATH HOUSE, ATTAPADOM ROAD,
GHANNANAGAR, KORATTY P.O.
BY ADV
SRI.A.N.SANTHOSH
2024:KER:81319
M.A.C.A. No. 704 of 2017
2
RESPONDENT/2ND RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.
KG TOWERS, THRISSUR ROAD, ANGAMALY -683 572.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:81319
M.A.C.A. No. 704 of 2017
3
JUDGMENT
The appellants are the claimants in O.P.(MV) No.1359 of
2013 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor. The said claim petition was filed by the
appellants herein, claiming an amount of ₹40,00,000/- as
compensation in respect of death in a motor accident on
23.09.2013. The Tribunal has awarded an amount of
₹18,71,000/- as compensation under different heads,
directing the second respondent insurer to deposit the said
amount along with interest at the rate of 9% per annum from
the date of petition till the date of realisation. Being
dissatisfied with the quantum of the compensation awarded,
the claimants have come up with the appeal.
2. Today, when the matter came up for consideration,
the learned counsel for the appellants as well as the learned
Standing Counsel for the second respondent insurer
submitted that the matter has been settled and a joint
statement dated 07.10.2024 has been filed before this Court,
wherein it is stated that the claim of the appellants has been
2024:KER:81319
settled by the second respondent-insurer, agreeing to pay an
additional amount of ₹ 16,00,000/- (Rupees Sixteen Lakh
only) inclusive of all interest and cost to the appellants by
way of full and fmal settlement of all the claims of the
appellants agalnst the respondent. 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 this Court, in case of default, the
respondent is liable to pay interest @ 8% 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
second respondent to pay an additional amount of ₹
16,00,000/- (Rupees Sixteen Lakh only) inclusive of all
interest and cost to the appellants by way of full and final
settlement of all the claims of the appellants. The respondent
is directed 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 this Court, in case of default, the
2024:KER:81319
respondent is liable to pay interest @ 8% from the date of
default.
The appeal is disposed of, in terms of the joint
statement filed as above. The joint statement form part of
the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
S.M.K.
JOINT STATEMENT 1/2 MACA No.704/2017 (CA-2024-040288 )
BEFORE TIH HONOURABLE HGH COURTOF KERALA AT
ERNAKELAM
Shaily & others Appellants
Vs.
United India Insurance company Ltd Respondent
JOINT STATERENT FILED BY THE APPELLANTS AND TIIE
RESPONDENT
1. The above appeal is filed against the award in op (MV) No. OP
1359/2013 which was disposed of by the Motor Accidents Claims
Tribunal, Perumbavoor by award dated 8#/2016. The original petition
is filed by the appellants claiming compensation in respect of the death of
the Husband of the lst appellant who died in a road traffic accident
occurred on 23/9/2013 at about 4.30 pin while the deceased Shaju, was
repairing a pick up van bearing No. KL45-E-5244 and at that time the
driver took forward the vehicle and as a result the deceased was
crushed between the vehicle and the compound wall. As a result of the
accident the deceased sustained serious injuries. Immediately after the
accident the deceased was taken to a Little Flower Hospital, Angamlay.
While undergoing treatment the deceased succumbed to the injuries.
The Tribunal had granted Rsl8,71,000/-as compensation along with
interest @ 9% 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 covernge of the insurance policy in respect
of the offending vehicle, the liabihty to pay the compensation is 'on the
respondent.Hence th settleme" is andved at between the appellants and
the respondent.
Appeiririt;a:"§h;tily''Jee Anjuae N(rwl
Thomas
Respondent: ufrt6 India Insurance Company Ltd
ue
For UNITED INDIA INSURANCE CO. LTD. .
Autherlsed Signatory
FSO VERIFIED - 23
JOINT STATEMENT 2/2 MACA No.704/2017 (CA-2024-040288 )
2. The appellants above named and the respondent have negotiated
the matter out of court and willingly arrived at a compromise settlement
in full and final settlement of all the claims of the appellants against 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. 16,00,000/- qiupees Sixteen Lakhs only)
inclusive of all interest and cost to the appellants by way of full and fmal
settlement of all the claims of the appellants agalnst the respondent.
3. The respondent hereby agrees to deposit the above aniount before
the Tribunal within a period of 2 months from the date of 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 @ 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 Hon'ble
High court of Kerala.
Dated this the 7th day of october 2024.
Appeiiants shally Lsgivdr AnJu#**!.frJ"
i`h--,-fuh`.c*.
Amal
trytrrhnul
4 ,T- )
L_. T , I For UNITED INDIA INSURANCE CO. LTD.
Respondent: Unit in';;-d6inpanyLtdirj7€
Authorlse a Signatory
A.N.Santhosh
Counsel for the Appellants
R--/
P. Jacob Mathew
Counsel for the respondent
+rj L,i, i`+.:t, `,` !`.I . ^.;,r|;1! ai."1i.i .ui
Y10lGfipi€ a j£ , i . irlfu.i
FSO VERIFIED - 23
