Kerala High Court
Treesa vs United India Insurance Company Ltd on 25 October, 2024
2024:KER:79720
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. 1739 OF 2019
AGAINST THE AWARD DATED 30.11.2018 IN OPMV NO.1476 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA
APPELLANT/PETITIONER:
TREESA
AGED 53 YEARS
W/O.JOY,VALIYAMARATHINGAL HOUSE, KADUKUTTY DESOM
VILLAGE AND P.O, CHALAKUDY TALUK,THRISSUR
DISTRICT.
BY ADV A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD
SREEKUMAR BUILDING,SOUTH JUNCTION, CHALAKUDY-
680307. (NO RELIEF IS CLAIMED AGAINST THE
RESPONDENTS 1 AND 2 IN THE CLAIM PETITION AND
THEY HAVE NOT BEEN MADE PARTIES TO THIS APPEAL).
BY ADV SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1739 OF 2019
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1476 of
2015 on the file of the Motor Accidents Claims Tribunal,
Irinjalakuda. The said claim petition was filed by the appellant
claiming an amount of Rs.3,00,000/- as compensation for the
injuries sustained by her in a motor accident on 28.10.2015.
The Tribunal had awarded an amount of Rs.1,70,850/- as
compensation under different heads, directing the third
respondent insurer to deposit the said amount along with
interest at the rate of 8% 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
25.09.2024, wherein it is stated that the claim of the appellant
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MACA NO. 1739 OF 2019
has been settled by the third respondent insurer, agreeing to
deposit a further amount of Rs.1,25,000/- 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 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 Rs.1,25,000/-
(Rupees One Lakh Twenty 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 8% per annum from the date of default. The claimant
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
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MACA NO. 1739 OF 2019
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
•1-, `
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Treesa Appellant
Vs.
United India Insurance company Ltd, : respondent
I_gIHT STATEREHT FILED BY THE APPELIAHT AHD TE=E
EusporoRT
1. The above appeal is filed against the award in OP (MV) No.1476/2015
which was disposed of by the Motor Accidents Claims Tribunal,
lrinjalakuda by award dated 30/11/2018. The orisinal petition is filed by the
appellant claiming compensetien in respect Of the personal injuries sustained
by her in a road traffic accident occumed on 28/10`#015 at about 7.30 am
while the appellant was travelling as a pillion r in a motor eycle
bearing No. KL€4-9230 through Kadukufty-Mur ir:::oor Public road and
when the vehicle reached near Muringoor Raitway over bridge, the
driver lost control and vehicle capsized. As a result of the accident the
appellant sustained serious injuries. The Tribunal had granted Rs.
1,70,850/- as compensation along with interest @ 8% 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 the settlement is arrived at
between the appellant and the fespondent.
Appellant : Treesa
E`jf.=1..-...
cotlprtd
For UNITED INDIA INSURANCE CO. LTD.
Respondent: United India Insurance
Authorised Signatory
2. The appellant abque named and the respondent ha-ve negotiated
the matter out of court and willingly arrived at a compromise
settlement in full and fmal 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. 1,25,000/- (Rupees
One I.a]ch Twenty Five Thousand only) inclusive of all interest and
cost to the appellant by w-ay- of full and final settlefflent of all the
claims of the appellant 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 @ 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
Honble High court of Kerala.
Dated this the 25th day of September 2024.
Appeiiant : Treesa Qgr
For UNITED INDIA INSURANCE CO
Counsel for the Appellant Counsel for the respondent
