Kerala High Court
George P.C vs The Natinal Insurance Company Ltd on 13 September, 2024
2024:KER:70158
MACA NO.1175/2017
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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. 1175 OF 2017
OPMV NO.1282 OF 2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,
IRINJALAKUDA
APPELLANT/PETITIONER:
GEORGE P.C
S/O.CHUMMAR, PULLAN HOUSE, KODUNGA DESOM,
VELLIKULANGARA VILLAGE & P.O., MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE NATIONAL INSURANCE COMPANY LTD.,
IRINJALAKUDA -680 121.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:70158
MACA NO.1175/2017
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JUDGMENT
The appellant is the claimant in OP(MV) No.1282 of 2013 on the
file of the Motor Accidents Claims Tribunal, Irinjalakuda. The said
claim petition was filed by the appellant claiming an amount of
₹3,00,000/- as compensation for the injuries sustained by him in a
motor accident occurred on 23.09.2013. The tribunal awarded an
amount of ₹2,18,340/- as compensation under different heads,
directing the 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 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 respondent insurer submitted that they have filed a
joint statement dated 02.09.2024, wherein it is stated that the claim of
the appellant has been settled by the respondent insurer, agreeing to
deposit a further amount of ₹2,70,000/- inclusive of all interest and
cost to the appellant by way of full and final settlement of all the
claims of the appellant against the respondent, 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
2024:KER:70158
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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 ₹2,70,000/- (Rupees two lakh seventy thousand
only) inclusive of all interest and cost to the appellant by way of full
and final settlement of all the claims of the appellant against the
respondent, 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 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
bka/-
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
M.A.C.A.No. 1175 5 of 2017
George P.C : Appellant
Vs.
The National Insurance Company Ltd ~ : Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE
RESPONDENT
1. The above appeal is filed against the award in OP (MV) No. 1282/2013
which was disposed of by the Motor Accidents Claims Tribunal,
Irinjalakuda by award dated 14/10/2016. The original petition is filed by the
appellant claiming compensation in respect of the personal injuries sustained
by her in a road traffic accident occurred on 23/9/2013 at about 8.00 am
while the appellant was walking through the side of Vellikulangara-
Kodali road public road and when he reached near Koplippadom a
Motor cycle bearing No. KL-64~A--2354 came in a rash and negligent
manner and knocked down the appellant. As a result of the accident the
appellant sustained serious injuries.. The Tribunal had granted Rs.
2,18,340/- as compensation along with interest @ 9% 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 respondent.
RV
Appellant : George P.C %fl
Respondent: National Insurance Company Ltd
2 The appellant above named and the respondent have negotiated
the matter out of court and willingly arrived at a compromise
settlement in full and final 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. 2,70,000/- (Rupees
Two Lakhs Seventy Thousand Only) inclusive of all interest and cost
to the appellant by way of full and final settlement of all the claims of
the appellant against the respondent.
3. The respondent hereby agrees to deposit the above amount
before the Tribunal Wit:hin a period of 2 months from the date of
receipt of a copy of the judgment from the Hon'ble High Court, in case
of default as stated above the mépondent 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 pért of the judgment of the
Hon'ble High court of Kerala. v
Dated this the 2nd day of SeptemBer 2024.
Appellant : George P.C CW
Respondent: National Insurance Company Ltd
MU
A_N.Santhosh Thom:
Z
5 ew Nellimoottil
N Cqunsel
for the Appellant Col sel for the respondent
PEbR
A UNAYAM
18gensM
