Kerala High Court
Sanal Kumar vs Divisional Manager, Tata Aig General ... on 22 October, 2024
2024:KER:78348
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. 3563 OF 2023
AGAINST THE AWARD DATED 14.08.2023 IN OPMV NO.652 OF 2019 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER :-
SANAL KUMAR, AGED 48 YEARS
S/O KARUNAPPAN, ASWATHY SADANAM, PARAL,
VAZHAPPALLY P.O. CHANGANACHERRY,
KOTTAYAM, PIN - 686103
BY ADVS.
MATHEWS K.PHILIP
T.MANASY
MINISHA K DAS
RESPONDENT/3RD RESPONDENT :-
DIVISIONAL MANAGER,
TATA AIG GENERAL INSURANCE COMPANY LIMITED
SERVICE OFFICE OF INSURER, 2ND FLOOR,
SAFA TRADE CENTRE, NEAR RAILWAY STATION,
OPP. M.T.SEMINARY SCHOOL, KOTTAYAM, PIN - 686001
BY ADV LINTO FRANCIS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARDON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 3563 OF 2023
2
2024:KER:78348
JUDGMENT
The appellant is the claimant in O.P.(MV) No.652 of 2019 on
the file of the Motor Accidents Claims Tribunal, Kottayam. The said
claim petition was filed by the appellant claiming an amount of
₹19,11,000/- limited to ₹18,00,000/-, as compensation in respect of
injuries sustained by the appellant in a motor accident on
30.09.2018 The Tribunal awarded an amount of ₹1,92,071/- as
compensation under different heads, directing the 3rd respondent-
insurer to deposit the said amount along with interest at the rate of
7% 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 submitted that they have
filed a joint statement dated 14.10.2024, wherein it is stated that the
claim of the appellant has been settled by the respondent/third
respondent-insurer, agreeing to deposit a further amount of
MACA NO. 3563 OF 2023
2024:KER:78348
₹1,15,000/- (Rupees one lakh fifteen thousand only) including
interest 9% per annum 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 third respondent
insurer to deposit an amount of₹1,15,000/- (Rupees one lakh fifteen
thousand only) including interest 9% as additional compensation
before the Tribunal 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 claimants shall furnish copies of the PAN Card, AADHAAR Card
and bank details before the thirdsssss 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.
MACA NO. 3563 OF 2023
2024:KER:78348
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
SMA
BEFORE THE HONOURABLE HIGH CO
URT OF KERALA
AT ERNAKULAM
MACA No. 3563 I 2023
Sanal Kumar
Appellant
Vs.
Divisional Manager, TATA AIG
General Insurance Company Limited
Respondent
JOINT STATEMENT FILED UY THE AP
PELLANT AND THE
RESPONDENT.
1. The above appeal is filed from the jud
gment in O.P. (MV) No.
652/2019 on the file Motor Accidents Cla
ims Tribunal Kottayam.
The court below passed the aw,lrd for an
amount of Rs.1,92,071/-
with interest and costs.
2. Being aggrieved by the award, the clai
mant has filed this appeal
before this court for enhancement of the com
pensation. During the
pendency of the case, the matter has bee
n settled between the
Appellant and the Respondent with the
insurer of the offending
vehicle. The respondent insurer agreed to
pay a further amount of
Rs.1,15,000/- including interest as additio
nal compensation in the
above appeal.
for TATA AIG GENERAL IIISURAllCE CQMP,:11 ,1
,.*
/< .~ ow ~ •
WITH lOU ALWAlS
Authorised s:gnatory
Appellant: ~f /4& . Respondent
Sanal Kumar TATA AIG General Insurance
3. The respondent hereby agrees
to transfer the above amount of
Rs.1,15,000/- (Rupees One Lakh Fiftee
n Thousand only) to the Bank
I
Account of the appellant and the
respondent within a period of two i
months from the date of receipt of the l
I
copy of the judgment from the I
Honourable High Court of Kerala, fail
ing which the said amount will \
carry interest at 9% from the date' of def Ii
ault.
4. There is no threat, collusion, coercio
n or undue influence in arriving
at the above settlement. There is
no mistake in arriving at this
settlement either.
Dated this the 11,-'t\- day of October,
2024 _ For TATA AIG GENERAL INSURANCE COMPANY i. rn.
Appellant: ~
Sanal Kumar Respondent:
TATA AIG General Insurance
K~
Authorised iil
WITH TOU llWlTS
~,~
Advocate: M a ~
Couns for the Respondent
Counsel for the Appellant
Advocate : Linto
l
