Kerala High Court
Sunitha vs Shriram General Insurance Company ... on 6 September, 2024
MACA NO. 246 OF 2023 1 2024:KER:69422
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
MACA NO. 246 OF 2023
AGAINST THE AWARD DATED 18.11.2022 IN OP(MV)NO.2 OF 2020 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM
APPELLANTS/PETITIONERS:
1 SUNITHA
AGED 49 YEARS
W/O MOHANAN, POOVATHINGAL HOUSE, THAZHAPRA, P. O.
CHERUTHURUTHY, NEDUMPURA VILLAGE, THRISSUR DISTRICT,
PIN - 679531
2 SOORAJ P.M.
AGED 29 YEARS
S/O MOHANAN, POOVATHINGAL HOUSE, THAZHAPRA, P. O.
CHERUTHURUTHY, NEDUMPURA VILLAGE, THRISSUR DISTRICT,
PIN - 679531
BY ADV P.V.CHANDRA MOHAN
RESPONDENT/3RD RESPONDENT:
SHRIRAM GENERAL INSURANCE COMPANY LIMITED,
REPRESENTED BY ITS THRISSUR BRANCH MANAGER
BRANCH OFFICE, NEAR MATHRUBHOOMI, VELIYANOOR ROAD,
THRISSUR., PIN - 680021
BY ADV LINTO FRANCIS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN COME UP FOR
HEARING ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 246 OF 2023 2 2024:KER:69422
JUDGMENT
The appellants are the claimants/petitioners 2 and 3 in OP(MV)
No.02 of 2020 on the file of the Motor Accidents Claims Tribunal,
Ottappalam. The said claim petition was filed by the appellants
claiming an amount of ₹47,99,500/- as compensation for the death of
one Mr.Jishnu who died in a motor accident occurred on 09.06.2018.
The tribunal awarded an amount of ₹25,30,436/- as compensation
under different heads, directing the 3rd 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, i.e., 01.01.2020, till realization. Being
dissatisfied with the compensation awarded, the appellants have 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 24.08.2024, wherein it is stated that the claim of the appellants
have been settled by the respondent insurer, agreeing to deposit a
further amount of ₹5,00,000/- including interest as additional
MACA NO. 246 OF 2023 3 2024:KER:69422
compensation in the account of the appellants within a period of one
month 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 respondent insurer to
deposit an amount of ₹5,00,000/- (Rupees five lakh only) including
interest as additional compensation in the account of the appellants
within a period of one month 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
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. 246 OF 2023 4 2024:KER:69422
above. The joint statement will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
MC/11.9
BEFORE THE HONOURABLE }{JGH COURT OF KERALA AT
ERNAJ(ULAM
(From the Award in 0. P. (M.V.) No. 2 of 2020 of M.A. C.T., Ottapalam)
Sunitha and another : Appellants/Petitioners
-Vs-
Shriram General Insurance Co. Ltd : Respondent/3rd Respondent
JOINT SETTLEMENT MEMO FILED BY THE APPELLANTS AND
THE RESPONDENT, SHRIRAM GENERAL INSURANCE COMPANY
LIMITED
The appellants are the mother and brother of one Jishnu who
died in a motor accident. The deceased was 23 years old and a professional
accountant and the appellants were solely depending on him. They along with
the deceased fath ~q.~ 1{tim petition before the Motor Accidents Claims
J 003:> Tribunal, Ottapa · -as O.P. (M.V.) No. 2 of 2020 claiming a compensation of
Rs.47, 99,500/-. 'c~tlq_n'b!Jribunal on trial found that appellants are entitled
for compensation, but granted only Rs. 25,30,436/- under all the heads. The
above appeal is filed for the enhancement of compensation. The offending vehicle
was having a valid insurance issued by the respondent.
') fl
While the appeal was pending, there was a mediation and the
respondent made a proposal to settle the case by offering an additional amount of
Rs. 5,00,000/- (Rupees five lak.hs) over and above the amounts already granted
by the Tribunal, inclusive of costs and interest as full and final settlement of all
claims in the appeal and promised to deposit this amount within one month of the
-
passing of the judgment by this Ilon'ble Court on the basis of the settlement. The
appellants accepted the proposal and agreed to settle the case on the agreed terms.
This memo is filed incorporating the above settlement.
Therefore it is humbly prayed that this Ilon'ble Court be pleased to
dispose of the above appeal by directing the respondent to pay an additional
compensation of Rs. 5,00,000/- (Rupees five lakhs) inclusive of interest and costs
upto date as foll and final settlement of all claims in the appeal and further direct
the respondent to deposit this amount within one month of the judgment disposing
of the appeal and in case of default, to deposit the above amount with 9% of
interest per annum for the delayed period.
Dated this the 24th day of August, 2024.
Appel Iants Respondent
1. Sunitha $-JEv m General Insurance
2. Sooraj P. M. ~ ompany Limited
HRIAAM GENERAL INSURANCE CO. LTD.
~~~ 'i;I~
Authorised Signatory
Counsel for ~-:;~p ellants. Counsel for the respondent.
TO.FRANCIS
Advocate
V~hyaparambil
Roll No: K-140/2011
Mob-98090 6~149
