Kerala High Court
Shibu P.K vs Swaminathan on 5 September, 2024
2024:KER:67573
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
MACA NO. 350 OF 2014
AGAINST THE AWARD DATED 23.04.2012 IN O.P(MV) NO.268
OF 2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER :-
SHIBU P.K, AGED 33 YEARS
S/O.KARTHIKEYAN,PUNNACHOTTIL HOUSE,SOUTH
PARAVUR.P.O,MANAKUNNAM VILLAGE,KANAYANNOOR
TALUK,ERNAKULAM DISTRICT.
BY ADVS.
SRI.MATHEWS K.PHILIP
SMT.T.MANASY
RESPONDENTS/RESPONDENTS :-
1 SWAMINATHAN
S/O.SUBHURATHINAM,35A,NADU
STREET,VELUR.P.O,P.VELUR,T.K.NAMAKKAL,
TAMILNADU STATE-638182.
2 THE MANAGING PARTNER
M/S. SOUTHERN TRANSPORT CO.29/2600 D.,
GOWRI NIVAS,GANDHI SQUARE
ROAD,PETTA,THRIPUNITHURA,ERNAKULAM-682301.
3 NATIONAL INSURANCE COMPANY LIMITED
STATUE JUNCTION,THRIPUNITHURA-682301.
SRI.E.M.JOSEPH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. 350 OF 2014
2
2024:KER:67573
JUDGMENT
The appellant is the claimant in O.P.(MV) No.268 of 2010
on the file of the Motor Accidents Claims Tribunal, Ernakulam.
The said claim petition was filed by the appellant claiming an
amount of Rs.3,00,000/- as compensation in respect of injuries
sustained by him in a motor accident occurred on 12.12.2009.
The Tribunal awarded an amount of Rs.1,36,421/- 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 30.07.2024,
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 Rs.95,000/- (Rupees ninety five
thousand only) including interest as additional compensation in
MACA NO. 350 OF 2014
2024:KER:67573
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.95,000/- (Rupees
ninety 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 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. 350 OF 2014
2024:KER:67573
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
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BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
MACA No.. 350 . I 2014.
Shibu P. K. Appellant
Vs.
Swaminathan S. & others : Respondents
V
I#- JOINT STATEMENT FILED BY THE APPELLANT AND THE
■S ' 3rd RESPONDENT.
1. The above appeal is filed from the judgment in O.P. (MV) No.
268/2010. on the file Motor Accidents. Claims Tribunal Emakulam.
The court below passed the award for an amount of Rs.1,36,421/-
with interest and costs.
2. Being aggrieved by the award, the claimant has filed this appeal
before this court for enhancement of the compensation. During the
»• pendency of the case, the matter has been settled between the
* > appellant and the 3rd Respondent with the insurer of the offending
vehicle. The 3rd respondent insurer agreed to pay a further amount of
Rs.95,000/- including interest as additional compensation in the
V. above appeal. .. ■..riiaMlCEcO t:t0'
1"
I* 111 y
•S Appellant: 3rd Respondent
t National Insurance Company
Shibu P.K.
v
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A.
♦
3. The 3rd respondent hereby agrees to transfer the above amount of
1 Rs.95,000/- (Rupees Ninety Five Thousand only) to the Bank
Account of the appellant and the 3rd respondent within a period of
■i- two months from the date of receipt of the copy of the judgment from
the Honourable High Court of Kerala, failing which the said amount
>.i
will carry interest at 9% from the date of default.
4. There is no threat, collusion, coercion or undue influence in arriving
at the above settlement. There is no mistake in arriving at this
9'.
settlement either.
a Dated this the 30th day of July- 2024.
to national insurance co. ltd.
I* KOCHI R.O. 511 ''
J k*
i 3rdResp<5tftKl!tfSl8natO7
Appellant:
ShibuP.K. FJational Insurance Company
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Advocate : Mathews K. Philip Counsel for the 3"\respondent
Counsel for the appellant Advocate : E.M. Joseph
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