Kerala High Court
Dakshayani vs The Oriental Insurance Company Ltd on 22 October, 2024
2024:KER:79893
MACA NO. 1059 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
MACA NO. 1059 OF 2017
AGAINST THE AWARD DATED 23.06.2016 IN OP(MV) NO.787 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANTS/ADDL.PETITIONERS 2 TO 4:
1 DAKSHAYANI
W/O.LATE BALAN,KOTTILAPURATH HOUSE,PURANATTUKARA
DESOM & P.O,PUZHAKKAL VILLAGE,THRISSUR DISTRICT.
2 PREETHA
D/O.LATE BALAN,KOTTILAPURATH HOUSE,PURANATTUKARA
DESOM & P.O,PUZHAKKAL VILLAGE,THRISSUR DISTRICT.
3 SANTHOSH
S/O.LATE BALAN,KOTTILAPURATH HOUSE,PURANATTUKARA
DESOM & P.O,PUZHAKKAL VILLAGE,THRISSUR DISTRICT.
BY ADVS.
SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENT/2ND RESPONDENT:
THE ORIENTAL INSURANCE COMPANY LTD
NORTH NADA,KODUNGALLUR-680664.
BY ADVS.
SRI.LAWRENCE D'CUNHA
SRI.MATHEW BONSTANE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1059 OF 2017 2
JUDGMENT
The appellants are the claimants in OP(MV) No.787 of
2013 on the file of the Motor Accidents Claims Tribunal,
Irinjalakuda. The said claim petition was filed by the
appellants claiming an amount of ₹15,00,000/- as
compensation for the injuries sustained by the deceased in a
motor accident occurred on 31.03.2013. The tribunal awarded
an amount of ₹7,82,200/- as compensation under different
heads, directing the respondent insurer to deposit the said
amount along with interest at the rate of 9% per annum from
the date of filing the claim petition, i.e., 29.07.2013 till
realization. Being dissatisfied with the compensation awarded,
the appellants have come up in 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 respondent insurer submitted that
they have filed a joint statement dated 27.08.2024, wherein it
is stated that the claim of the appellants have been settled by
the respondent insurer, agreeing to deposit a further amount
2024:KER:79893
of ₹2,50,000/- including interest as additional compensation in
the account of the appellants 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 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 respondent
insurer to deposit an amount of ₹2,50,000/- (Rupees Two Lakh
Fifty thousand only) including interest as additional
compensation in the account of the appellants 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 8% per annum from the date of default. The
claimant shall furnish copies of the PAN Card, AADHAAR 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 company to
deposit the said amount before the tribunal.
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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
MC/28.10
BEFORE THE HONOURABLE HIGH COuRTOF KERALA AT
ERNAKULAM
Dakshayani & others Appellants
Vs.
The Oriental Insurance Company Ltd Respondent
JOINT STATEMENT FILED BY THE APPELLANTS AND THE
EuspoNDENT
1. The above appeal is filed against the award in op (MV) No. OP
(MV) No.787/2013 which was disposed of by the Motor Accidents
Claims Tribunal, lrinjalakuda by award dated 23/6/2016. The original
petition is ffled by the appellants claiming compensation in respect of
the death of the husband of the original lst appellant who died in a
road traffic accident occurred on 31/3/2013 at about 7.15 pin while the
deceased Balan was riding a bicycle through Chittilappilly-Amala Nagar
road and when he reached`near Chittilappilly, an auto rickshaw bearing
No. KL-8-Axrfe461 came in a rash and negligent manner and knocked
down the deceased. As a result of the accident the deceased sustained
serious injuries. Immediately after the accident the deceased was taken
to Amala Institute of Medical Science, Thrissur. \/\/hile undergoing
treatment the deceased succumbed to the injuries on 14/10/2013, The
Tribunal had granted Rs. 7,'82,200/- 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
`iespendent had admitted the coverage of the insurance policy in
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respect+ the offending vehicle, the liability to pay the compensation
is on the respondent. Hence the settlement is arrived at between the
appellants and the respondent. Ist appellant died on 15/05/2021a.d a
memo to record the death is ffled on 23/08/2024.
Appeihats: preetha rfe±ha
EHEEE
nt: thental [nsurarty~ggfipany 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 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. 2,50,000/-
(Rupees Two Lakhs Fifty 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 @
80/o 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 27th day of August 2024.
Appellants:
preetha f tyBEL
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Santhosh
i -:-`<7 -€tTrfu fasf=8
`".^ar`:9.LTD
Respondent:
A.N.Sahthosh Lawrence D. Cunha
Counsel for the Appe!lants Counsel for the respondent
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