Kerala High Court
Akshay Sanal (Minor) @ Ambadi, ... vs Divisional Manager, Tata Aig General ... on 22 October, 2024
2024:KER:78598
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. 3597 OF 2023
AGAINST THE AWARD DATED 14.08.2023 IN OPMV NO.661 OF
2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM
APPELLANTS/PETITIONER:
AKSHAY SANAL (MINOR) @ AMBADI,
REPRESENTED BY GUARDIAN AND NEXT FRIEND HIS
MOTHER NISHA MOHAN M.
AGED 16 YEARS
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
2024:KER:78598
MACA NO. 3597 OF 2023
2
BY ADV LINTO FRANCIS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:78598
MACA NO. 3597 OF 2023
3
JUDGMENT
The appellant is the claimant, represented by his
guardian and next friend his mother, in O.P.(MV) No.661 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 Rs.4,00,000/- as compensation for the
injuries sustained by him in a motor accident on 30.09.2018.
The tribunal had awarded an amount of Rs.1,30,245/- as
compensation under different heads, directing the third
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
2024:KER:78598
MACA NO. 3597 OF 2023
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 third respondent insurer, agreeing to
deposit a further amount of Rs.65,000/- 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 third
respondent insurer to deposit an amount of Rs.65,000/-
(Rupees Sixty Five Thousand Only) including interest 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 claimant shall
furnish copies of the PAN Card, AADHAAR Card and bank
details before the second respondent insurer within a period of
2024:KER:78598
MACA NO. 3597 OF 2023
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
BEFORE THE HONOURABLE I-nGH COURT OF KERALA
AT ERNAl(lJLAM
MACA No. 3597 I 2023
Akshay Sanal (Minor), rep. by guardian
And next friend his mother Nisha Mohan M. Appellant
Vs.
Divisional Manager, TATA AIG
General Insurance Company Limited Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE
RESP_ONDENT.
1. The above appeal is filed from the judgment in 0.P. (MV) No.
661/2019 on the file Motor Accidents Claims Tribunal Kottayam.
The court below passed the a ,vard for an amount of Rs.1,30,245/-
with interest and costs.
2. Being aggrieved by the award, the claimant has filed this appeal
before this court for enhanceme:-it of the compensation. During the
pendency of the case, the matter has been 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.65,000/- including interest as additional compensation in the
above appeal. •
For TATA AIG GENERAL INSURANCE COMlr.~ .,. 'rn
l<.t,, ()~ •. \
Author'.~, )s· . ito'' WITH YOU ALWAt
Appellant: ~ Respondent
Akshay Sanal (minor) TATA AIG General Insurance
Rep. by his mother
Nisha Mohan M.
3• The respondent hereby agrees to transfer the above amount of
Rs.65,000/- (Rupees Sixty Five Thousand only) to the Bank Account
of the appellant and the respondent within a period of two months
from the date of receipt of the copy of the judgment from the
Honourable High Court of Kera]a, failing which the said amount will
carry interest at 9% from the date of default.
4. There is no threat, collusion, coercion or µndue influence in arriving
at the above settlement. There is no mistake in arriving at this
settlement either.
For TATA AIG GENERAL INSURANCE COMPANY LTD.
Dated this the Jt,. ~ day of October, 2024.
Authorised Siqnatorv
Respondent:
Appellant: N~~C-4
Akshay Sana! (minor)
Rep. by his mother
Nisha Mohan M.
TATA AIG General Insurance
•
'11TH TOU ALWATS
Couns or the Respondent
Advocate : th Ilip
,I\LJOW"""'l,
Advocate : Linto
Counsel for the Appellant
