Kerala High Court
Babu *(Died) vs Somarajan on 25 October, 2024
2024:KER:79715
MACA No.1194/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
MACA NO. 1194 OF 2020
OPMV NO.507 OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
PATHANAMTHITTA
APPELLANTS/PETITIONERS:
1 BABU (DIED)
AGED 44 YEARS
S/O. KUNJUKUNJU, KANICHERIL THAZHETHIL HOUSE,
CHITTANIMUKKU, ERATHU, KOLLAM DISTRICT.
2 M SUMA
AGED 50 YEARS, W/O K.BABU, RESIDING AT SUMA BHAVANAM,
THUVAYOOR NORTH, MANAKALA P.O., ERATHU, PATHANAMTHITTA
DISTRICT-691551
3 VISAKH B
AGED 25 YEARS, S/O. K.BABU, RESIDING AT SUMA BHAVANAM,
THUVAYOOR NORTH, MANAKALA P.O., ERATHU, PATHANAMTHITTA
DISTRICT -691551
4 VIDHYA S
AGED 23 YEARS, D/O K.BABU, RESIDING AT SUMA BHAVANAM,
THUVAYOOR NORTH, MANAKALA P.O., ERATHU, PATHANAMTHITTA
DISTRICT -691551
ADDL.APPELLANTS 2 TO 4 ARE IMPLEADED AS LEGAL HEIRS OF
THE DECEASED APPELLANT AS PER ORDER DATED 11.09.2024 IN
IA.1/24
BY ADVS.
MANOJ RAMASWAMY
JOLIMA GEORGE
2024:KER:79715
MACA No.1194/2020
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RESPONDENTS/RESPONDENTS:
1 SOMARAJAN
S/O. RAMANUJAN, MOOVAKKOTTU HOUSE, THUVAYOOR NORTH,
MANAKKALA P.O., PATHANAMTHITTA DISTRICT-691 551.
2 THE MANAGER
ICICI LOMBARD GENERAL INSURANCE CO. LTD., 414, VEER
SAVARKAR MARG, NEAR SHDHIVINAYAK TEMPLE, MUMBAI-400025.
BY ADVS.
MARIAN G.M.THARAKAN
SRI.LATHEESH SEBASTIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:79715
MACA No.1194/2020
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JUDGMENT
The original appellant is the claimant in OP(MV) No.507 of 2015
on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The
said claim petition was filed by the original appellant claiming an
amount of ₹1,00,000/- as compensation for the injuries sustained by him
in a motor accident occurred on 23.09.2012. The tribunal awarded an
amount of ₹53,240/- 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 till
realization. Being dissatisfied with the compensation awarded, the
original appellant has 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 12.04.2024, wherein it is stated that the claim of the appellants
has been settled by the respondent insurer, agreeing to deposit a
further amount of ₹1,76,000/- including interest as additional
compensation in the account of the appellants as full and final
2024:KER:79715
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settlement of all claims in the appeal, within a period of one month from
the date of receipt of the bank account particulars furnished by the
appellants within one month from the date of the judgment. In case of
failure to deposit the amount after receipt of the account particulars as
above, the said amount will carry interest at the rate of 7.5% 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 ₹1,76,000/- (Rupees one lakh and seventy six
thousand only) including interest as additional compensation in the
account of the appellants as full and final settlement of all claims in the
appeal, within a period of one month from the date of receipt of the
bank account particulars furnished by the appellants within one month
from the date of the judgment. In case of failure to deposit the amount
after receipt of the account particulars as above, the said amount will
carry interest at the rate of 7.5% per annum from the date of default.
The appellants 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.
2024:KER:79715
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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
bka/-
<br>
BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM
Babu (died) & others Appellants
(impleading allowed dated
11.09.2024)
Vs.
The Manager, ICICI Lombard
General Insurance Co. Ltd. 2nd Respondent
JOINT SETTLEMENT MEMO FILED BY THE PARTIES
IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL
SETTLING THE APPEAL.
1, The above appeal is against the award dated 22.05.2019
in OP(MV) No.507 of 2015 of the Motor Accidents Claims
*
Tribunal, Pathanamthitta. The original claim is óne under Section
166 (1) (a) of the Motor Vehicles Act 1988 for injuries suffered
b
the appellant/claimant.
The learned Tribunal after finding negligence on the
insured vehicle awarded a compensation of Rs.53,240/-. The 2nd
respondent insurer was made liable to pay the compensation for
the appellant herein. To enhance the compensation amount
awarded by the Tribunal the appellant approached this Hon'ble
Court in appeal.
3. The appellant/claimant and the 2nd Respondent- ICICI
Lombard General Insurance Co. Ltd., had discussed the matter
during the settlement posting on 14.06.2024. The appellant has
<br>
agreed to receive Rs.1,76,000/- (Rupees One Lakh Seventy-six
thousand only), (which is Inclusive of Interest component), in
addition to the compensation already awarded by the Tribunal as
fulland final setlement of all claims in the appeal. The
respondent insurer has agreed to deposit the above amount in
the account of the appellant.
4, The appellant shall furnish the bank acCount particulars of
the appellant within one month from the date of judgment. The
2nd respondent insurer shall deposit
the amount within one month
from the date of receipt of the account particulars. In case
the
insurer fails to deposit the amount after receipt of the account
particulars as stipulated above, the amount shall carry interest at
7.5% after the date of default.
Daterd this the26th day of September 2024.
Additional Petitioners /Appellants.
2. M.SUMA
3. VISAKH B. ICICI LOMBARDGIC LTD.
yedh 2nd FLOOR,M T PLAZA
4. VIDHYA B. KALOOR-KADAVANTHRA ROAD
KALOOR,COCHIN-682 017
ICICI Lòmbard General Insurance Co. Ltd.
2nd Respondent
COUNSEL FOR THE APPELLANTS
COUNSÉLÓR THE 2nd RESPONPENT
alAhba en.
