Kerala High Court
Ponnamma vs The Divisional Manager, United India ... on 13 September, 2024
2024:KER:70309
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946
MACA NO. 3954 OF 2017
AGAINST THE AWARD DATED 15.07.2017 IN OPMV NO.1104 OF
2013 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANTS/PETITIONERS:
1 PONNAMMA
W/O.LATE K.R.NARAYANAN,
KAVINUPADINJATTETHIL, CHEKKULAM,
THEKKEMALA P.O., KOZHENCHERRY.
2 SURESH K.N.
S/O.LATE K.R.NARAYANAN,
KAVINUPADINJATTETHIL,CHEKKULAM,
THEKKEMALA P.O., KOZHENCHERRY.
3 RAMESH K.N.
S/O.LATE K.R.NARAYANAN,
KAVINUPADINJATTETHIL,CHEKKULAM, THEKKEMALA P.O.,
KOZHENCHERRY.
4 PRAKASH K.N.
LATE K.R.NARAYANAN,
KAVINUPADINJATTETHIL,CHEKKULAM, THEKKEMALA P.O.,
KOZHENCHERRY.
5 SUJATHA
D/O.LATE K.R.NARAYANAN,
KAVINUPADINJATTETHIL,CHEKKULAM, THEKKEMALA P.O.,
KOZHENCHERRY.
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MACA NO. 3954 OF 2017
2
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD
KIZHAKKEDAM COMPLEX, PATHANAMTHITTA-689745.
BY ADV SMT.S.JAYASREE - STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 3954 OF 2017
3
JUDGMENT
Dated this the 13th day of September, 2024
The appellants are the claimants in O.P.(MV) No.1104
of 2013 on the file of the Motor Accidents Claims Tribunal,
Pathanamthitta. The said claim petition was filed by the
appellants claiming an amount of Rs.25,40,000/-, which is
limited to Rs.10,00,000/- as compensation for the death of
Mr.K.R.Narayanan, in a motor accident on 11.02.2013. The
Tribunal awarded an amount of Rs.6,21,000/- as compensation
under different heads, directing the third 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 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 third respondent insurer
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MACA NO. 3954 OF 2017
submitted that they have filed a joint statement dated
02.09.2024, wherein it is stated that the claim of the appellants
have been settled by the third respondent insurer, agreeing to
deposit a further amount of Rs.3,70,000/- (Rupees Three Lakh
Seventy Thousand Only) including interest as additional
compensation in the account of the appellants, 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.3,70,000/-
(Rupees Three Lakh Seventy 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
claimants shall furnish copies of the PAN Card, AADHAAR Card
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MACA NO. 3954 OF 2017
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.
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
a-
i
BEFORE, T}IE HONOTTRABLtr HIGH CO{JRTOF-KE,RALA AT
ERNAKULA,M
M.A.C.A.No. 3954 of 2A17
Appellants
Vs.
The Divisional Manager, United lndia : Respondent
lnsurance Company Ltd
JOINT STATEME| iT FILEI) B1'THE APPELLANTS A}{D THE
RESPOI{DENT
t. The above appeai is filed against the award fu OP (MV) No. OP
114412A13 which was disposed of by the Addl.District Judge & Addl. ltllotor
Accidents Claims Tribunal-lll, Pathanamthitta by award dated 1517nA17.
The original petition is filed by the appellants claiming compensation in
respect of the death of the Husband of the I't appellant who died in a road
traffic accident occurred on 11tZl7A13 at about 5.55 pm while the
deceased Narayanan, was travelling a$ a passenger in an auto rickshaw
bearing No. KL-3-V-8354 thorugh Pathanamthitta-Kozhecherry road and
when the vehicle reached near Palachuvadu a car bearing No. KL-3-G-
323S sa!?e in a rash and negligent ma**er and hit r*#cn the auto
ricfushew. As * resi.iit *f th* *c*i***t tfue d*ce*s*d sust*i*ed serious
i*j*ries. tmn*ediateiy after the acci*+*t tlc* dema**d .+.ras ta5{€n to a local
H+spitai, but o* the way ?+ the hcsp*ial tf:e d+e*s*ci sue***bed to the
injuries. The Tribunal had granted Rs- 6,21,SS*l- as coffiper*atii:n along
with interest @ 9% p.a, frrru the dat* of claim petiti*n. It i,q eh"rSlenging the
quantum of compensalion ihat the above appcal is iiled- Since the
respondent had admiued the coverage *f the insura*ce pr:liey ia respect af
the offending vehicle, the liabilitS.' to pay the compensatio:: is on the
respondent. Hence the settlement is arrived at between ti:e appeliants and
the respandent"
Appellants: Ponaamma P" r4r'!1f''t''tt'- 5uresh.K. N. wL
Ramesh K.N
ffQl* Prakash.K .*,Q@ stqathaS*)*ftn
Respondent: U' Insuranee Company Ltd
FoT UNITED INDIA INSURANCE CO..LTD.
Signatory
2- The appellants above named and the r*spcnd*nt have negatiated the
matter out of court and willingly arived at a compromise settlement in full
a:rd fural settlement of all the claims of the appellants against the respandenl
arising out of the accident and the original petition mentioned abovc. It is
agreed that the respondurt insurance company shall pay an additional
arnount of Rs" 3,70,000/- (Rupee* Three Lakhs Seven[. Thousaild only)
in*lal*ise ef *31 inter*st a:rd c*st tcr th* app*tleats hy r+.ay of full and final
*eal**rc*t *f all ihs elai:*s *f,&* agpellants *gainst tke re*pt*radent.
3- ?he resp**da*t f:creby *grfres e* dcp***r th* efu**"e re*:*unt before
the Tribunal r*'ithin a period *f 2 months trom the date of receipt *f a copy
of the judgment fram the Hcn'ble High C*urt, in case cf default as stated
above the respond*nt is liable ta pay ftrt*rest €i S?i from &e date of
detault.
4- There is no tlreat coercion cr undue int'luence in arriving *t the above
settlement. This settleffient will fcrrm part of the j*dgrient *l'tfue i{on'ble
High sourt of Kerala.
Datert this the 2"d day of September ZrlZ4.
Appellants
Ponnamma r) Suresh.K.N. U.,**h
lro
Ramesh K.N Prakash.K.N
?4"9r
Sujatha I *iot'" ^
For UNITED INDIA INSURANCE CO.
Respondent: lJnited India Insurzurce Con:pan
A.N.Santhosh
&,n\ \
S. Jayasree
Counsel for the Appellants Counsel fbr the respondent
l
