Kerala High Court
Arun A. P vs Arjun on 10 October, 2024
2024:KER:75585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
MACA NO. 8 OF 2024
AGAINST THE AWARD DATED 16.06.2023 IN OPMV NO.552 OF
2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR
APPELLANT/PETITIONER:
ARUN A. P
AGED 25 YEARS
S/O. RAVEENDRAN, ANGADIPARAMBIL HOUSE, P.O.
BIYYAM, PONNANI, EDAPPAL, MALAPPURAM,, PIN -
679576
BY ADVS.
A.R.NIMOD
M.A.AUGUSTINE
RESPONDENTS/RESPONDENTS:
1 ARJUN
S/O. GIREESH KUMAR, MANERI HOUSE, KOTTATHARA,
ESWARAMANGALAM, PONNANI, MALAPPURAM,, PIN -
679577
2 VISHNU
S/O. RAVEENDRANATHAN, 'VISHNU', CHAMRAVATTAM
KADAVU, PONNANI, RESPONDENTS MALAPPURAM,, PIN -
679576
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MACA NO. 8 OF 2024
2
3 UNITED INDIA INSURANCE COMPANY
VEDAM PALLI, PONNANI, MALAPPURAM,
REPRESENTED BY BRANCH MANAGER, PIN - 679577
BY ADV RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 8 OF 2024
3
JUDGMENT
Dated this the 10th day of October, 2024
The appellant is the claimant in O.P.(MV) No.552 of
2019 on the file of the Motor Accidents Claims Tribunal, Tirur.
The said claim petition was filed by the appellant claiming an
amount of Rs.11,40,000/-, which is limited to Rs.8,00,000- as
compensation for the injuries sustained by him in a motor
accident on 01.01.2019. The Tribunal awarded an amount of
Rs.5,21,000/- as compensation under different heads, directing
the third respondent insurer to deposit the said amount along
with interest at the rate of 6% per annum from the date of filing
the claim petition 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 third respondent insurer
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MACA NO. 8 OF 2024
submitted that they have filed a joint statement dated
25.09.2024, wherein it is stated that the claim of the appellant
has been settled by the third respondent insurer, agreeing to
deposit a further amount of Rs.90,000/- including interest as
additional compensation in the account of the appellant, within
a period of three months from the date of receipt of a copy of
this judgment, failing which, the said amount will carry interest
at the rate of 8% 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 third
respondent insurer to deposit an amount of Rs.90,000/- (Rupees
Ninety Thousand Only) including interest as additional
compensation before the Tribunal, within a period of three
months from the date of receipt of a copy of this judgment,
failing which, the said amount will carry interest at the rate of
8% per annum from the date of default. The claimant shall
furnish copies of the PAN Card, AADHAAR Card and bank
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MACA NO. 8 OF 2024
details before the third 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 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
judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
r
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
Ann A.P : Appellantpetitioner.
Vs.
Arjun & Others : Respondents/Respondents
JOINT STATEMENT FILED BY THE APPELLANT AND THE
3rd RESPONDENT
1. The above appeal is filed by the claimant against the award dated
16.06.2023 in O.P.(MV) No. 552/2019 on the flle of the Motor
Accident Claims Tribunal, Timr. The Tribunal awarded an amount of
Rs.5,21„000 as compensation aloiig with interest and directed the 3rd
respondent United India Insurance Company to deposit the amount.
2. The claimant has filed the preseiit appeal challenging the quantum of
compensation. The appellant aho\'e liamed and United India Insurance
Company have negotiated the matter out of court and willingly arrived
at a compromise settlemeiit in full and final settlement of all the claims ®
of the appellant against the United India Insurance Company arising out
of the accident and the original petition mentioned above.
3. It is agreed that United India Insurance Company shall pay an
additional amount of Rs.90,000 ( Ninety thousand Rupees Only )
inclusive of all interest and cost.5 to the appellant by way of full and
final settlement of all the claims of the appellant against United India
Insurance Coinpany (3rd respondent).
For UNITED INDIA INSURANCE CO. LTD.
_'`
EEiiii
Authorised Slgnattry
4. The 3rd respondent shall depos].t the said amount by way of account
transfer to the appel-lants account, the details of which will be provided
along with joint statement.
5. The United India Insurance Company will deposit the above amount
of Rs.90,000 ( Ninety thousand Rupees Only ) within a period of three
months from the date of receipt o]. the copy of the judgment from the
Hon'ble High Couil before the Tribunal. If the amount is not paid
within the period of three months as stated above the said settled
amount would carry interest @ 8% p.a. from the date of default.
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.
We humbly request tliis Hon'ble Court to record this joint statement
and to pass a judgment in terms thei-eof.
t'l
D:ited on this thezf day of Septemt)er, 2024
A
Appe||ant Qgr Counsel for Appellant
ArunA.P,25years,S/o.Raveendran, Adv
Angadiparambil House, P.O.
Biyyam,Ponnani, Edappal ,
Malappuram, 679 576.
ForuNITED#Re!B8H8ueE#
Autlioris®d Si onatory
