Kerala High Court
Sakthivel.K vs Branch Manager, United India Insurance ... on 24 October, 2024
2024:KER:79215
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
MACA NO. 1835 OF 2024
AGAINST THE AWARD DATED 01.11.2022 IN OPMV NO.442 OF 2019 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANT/PETITIONER :-
SAKTHIVEL.K, AGED 44 YEARS
S/O. KARUPPANNAN, 2/39, WEST ST. THANGACHIAMMA
PATTY ODDANCHATRAN (TP), DINDIGAL,
TAMIL NADU-, PIN - 624619
BY ADVS.
A.N.SANTHOSH
JOSHY THANNICKAMATTAM
RESPONDENT/3RD RESPONDENT :
BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LTD,
PUTHETU ARCADE, PALA,
KOTTAYAM DISTRICT, PIN - 686575
SRI. P.K. MANOJKUMAR -SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1835 OF 2024
2
2024:KER:79215
JUDGMENT
The appellant is the claimant in O.P.(MV) No.442 of 2019
on the file of the Motor Accidents Claims Tribunal, Pala. The said
claim petition was filed by the appellant claiming an amount of
₹18,00,000/-, as compensation in respect of injuries sustained by
the appellant in a motor accident on 20.03.2019. The Tribunal
awarded an amount of ₹8,60,454/- rounded to ₹8,60,500/- 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 27.08.2024, 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. 1835 OF 2024
2024:KER:79215
₹3,00,000/- (Rupees three lakhs only) including interest 8% 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 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 ₹3,00,000/- (Rupees three lakhs
only) including interest 8% 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 8% per annum from the date of default. The
claimants shall furnish copies of the PAN Card, AADHAAR Card and
bank 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.
MACA NO. 1835 OF 2024
2024:KER:79215
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 COURTOF KERALA AT ERNAKULAM
Sakthivel.K Appellant
Vs.
Branch Manager, United India Insurance : Respondent
Company Ltd
JOINT STATEREHT FILED BY THE APPELLAVT iAVD THE RESPOHDEH±
1. The above appeal is filed against the award in OP (MV) No.442/2019 which was
disposed of by the Motor Accidents Claims Tribunal, Pala by award dated
1/11/2022. The original petition is filed by the appellant claiming compensation in
respect of the personal injuries sustained by him in a road traffic accident occurred on
20/3/2019 at 7.15 am while the appellant was riding a motor cycle bearing No.
KL-5-AS-7127 through Laykkad-Palthara chira Byepass road and when he
reached near SH Junction a car bearing No. KL-7-AX428 came in a rash and
negligent manner and knocked down the appellant. As a result of the accident
appellant sustained serious injuries. The Tribunal had granted Rs. 8,60,500/- as
compensation along with interest @ 7% 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 coverage of the insurance policy in respect of the
offending vehicle, the liability to pay the compensation is on the, respondent. Hence
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the settlement is arrived at between the appellant and the respondent.
Appehant : Sakthivel.K
For UNITED INDIA INSUFRANCE CO..LTDi
Respondent: U urance Company Ltd
-\`-+u`
Authorised Sign ator
2. The appellant 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 appellant 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. 3,00,000/- (Rupees Three Iakh Only) inclusive of all interest
and cost to the appellant by way of full and final settlement of all the claims
of the appellant against the respondent.
3. The respondent heredy 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 @ 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 Honfole High
court of Kerala.
Dated this the 27th day of August 2024
Appellant : Sakthivel.K +-ur+-r-
ForUNITED"OIAINSURANCECO.LTLi
Unitedlndialnsu;a##:ny
Respondent: United India lnsuran
A.N.Santhosh i. -.`={ i.`cj,i ';.\?ir3 r,p
Counsel for the Appellant Couns
