Kerala High Court
Santo @ Santappan vs Sasindran on 5 September, 2024
MACA NO. 2524 OF 2014 1 2024:KER:68571
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. 2524 OF 2014
AGAINST THE AWARD DATED 07.06.2014 IN OP(MV) NO.513 OF
2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANT/PETITIONER:
SANTO @ SANTAPPAN
S/O.ANTONY, KOTTAM HOUSE, VETTILAPPARA-13 DESOM,
VITTILAPPARA.P.O., MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
BY ADVS.
SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENT 1 AND 3:
1 SASINDRAN (DELETED)*
S/O. NARAYANAN,PANIKKASSERY HOUSE, OLARIKKARA.P.O.,
PULLAZHI-680012.
2 THE UNITED INDIA INSURANCE CO. LTD.
NEAR RAGAM THEATER, ROUND SOUTH, THRISSUR-680001.
*(RESPONDENT 1 IS DELETED FROM THE PARTY ARRAY AT THE
RISK OF THE APPELLANT AS PER ORDER DATED 15.09.2017 IN
IA 3096/2017 IN MACA 2524/2014.)
BY ADV SMT.T.C.SOWMIAVATHY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP FOR
HEARING ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2524 OF 2014 2 2024:KER:68571
JUDGMENT
The appellant is the claimant in OP(MV) No.513 of 2009 on
the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. The said
claim petition was filed by the appellant claiming an amount of
₹4,87,000 limited to ₹1,50,000/- as compensation for the injuries
sustained by him in a motor accident occurred on 21.09.2008. The
tribunal awarded an amount of ₹82,310/- as compensation under
different heads, directing the respondent insurer to deposit the said
amount along with interest at the rate of 7.5% 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 2nd respondent insurer submitted that they have filed a
joint statement dated 28.06.2024, wherein it is stated that the claim of
the appellant has been settled by the 2nd respondent insurer, agreeing
to deposit a further amount of ₹1,50,000/- including interest as
additional compensation in the account of the appellant within a
MACA NO. 2524 OF 2014 3 2024:KER:68571
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 2nd respondent insurer to
deposit an amount of ₹1,50,000/- (Rupees one lakh fifty thousand
only) 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. The
claimant shall furnish copies of the PAN Card, AADHAAR Card and
bank details before the 2nd 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.
The appeal is disposed of, in terms of the joint statement as
MACA NO. 2524 OF 2014 4 2024:KER:68571
above. The joint statement will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MC/9.9
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
MACA No.2524 0f 2014
SANTO @ SANTAPPAN : Appellant
UNITED INSURANCE Co. LTD. : Respondent
JOINT MEMO OF COMPROMISE FILED BY THE APPELLANT AND
RESPONDE
THE2* NT,
UNITED INSURANCE Co. LTD
1. The above appeal is filed against award dated 07.06. 2014 in O.P(M.V.)No.
513/2009 of Motor Accidents Claims Tribunal, Irinjalakuda. This appeal is
for challenging the quantum awarded in this injury case by the Motor
Accidents Claims Tribunal, Irinjalakuda in the original petition.
2. The matter involved in the appeal has been settled between the parties. It is
agreed that the respondent/Insurer shall deposit an additional amount of
Rs.1,50,000/-(Rupees one lakh fifty thousand Only) in full and final
satisfaction of all his claim in the above case including the compensation,
interest and costs throughout, within two months from the date of receipt
of the judgment of this Honourable Court, failing which the said amount
will carry 8% interest from the date of default.
3. The Appellant relinquishes her claim for the balance amount and also
undertakes that there is no threat, coercion or undue influence in arriving
at the above settlement.
4. In the circumstances, the above appeal may be disposed in terms of this
joint memo of compromise, making this as part of the final order.
Facts stated above are true and correct.
Datedthe 28/ dayor Teme. 2024.
ppellant Counsel for Appellant
Adv. P-V. Ba},..' 5
For UNITED INDIA INSURANCE CO. (Tp, J"';'/"--r&'
,"15 N
Respondem/lnsurer W Counsel for Respondent
(X ) Signatory
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