Kerala High Court
Thulasidas vs Lins Thomas on 13 September, 2024
2024:KER:70284
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. 41 OF 2016
AGAINST THE AWARD DATED 28.05.2015 IN OPMV NO.46 OF
2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,THODUPUZHA
APPELLANTS/CLAIMANTS IN THE TRIBUNAL:
1 THULASIDAS
AGED 58 YEARS
S/O.NARAYANAN, PATTATHIL HOUSE, KOCHUKAMAKSHY,
THANKAMONY, IDUKKI (DT)-685 609.
2 THANKAMMA
AGED 54 YEARS
W/O.THULASIDAS, PATTATHIL HOUSE, KOCHUKAMAKSHY,
THANKAMONY, IDUKKI (DT)-685 609.
3 SHALINI
AGED 32 YEARS
D/O.THULASIDAS, PATTATHIL HOUSE, KOCHUKAMAKSHY,
THANKAMONY, IDUKKI (DT)-685 609.
4 MALINI
AGED 30 YEARS
D/O.THULASIDAS, PATTATHIL HOUSE, KOCHUKAMAKSHY,
THANKAMONY, IDUKKI (DT)-685 609.
BY ADV SRI.S.SACHITHANANDA PAI
RESPONDENTS/RESPONDENTS BEFORE THE TRIBUNAL:
2024:KER:70284
MACA NO. 41 OF 2016
2
1 LINS THOMAS
S/O.THOMAS, PULIYANKAL HOUSE, KAMAKSHI PO,
THANKAMONY, IDUKKI (DT)-685 515.
2 THOMAS
S/O.THOMAS, 240/8 PULIYANKAL HOUSE, KAMAKSHI PO,
THANKAMONY, IDUKKI (DT)-685 515
3 NEW INDIA ASSURANCE CO. LTD.
KATTAPPANA BRANCH, KATTAPPANA PO,
IDUKKI (DT)-685 508.
BY ADV PMM.NAJEEB KHAN - STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2024:KER:70284
MACA NO. 41 OF 2016
3
JUDGMENT
Dated this the 13th day of September, 2024
The appellants are the claimants in O.P.(MV) No.46 of
2010 on the file of the Motor Accidents Claims Tribunal,
Thodupuzha. The said claim petition was filed by the appellants
claiming an amount of Rs.7,00,000/- as compensation for the
death of Mr.Sajeev, who died in a motor accident on
03.01.2010. The Tribunal awarded an amount of Rs.8,05,000/-
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
submitted that they have filed a joint statement dated
2024:KER:70284
MACA NO. 41 OF 2016
31.08.2024, 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.6,47,700/- (Rupees Six Lakh
Forty Seven Thousand Seven Hundred Only) including interest
as additional compensation in the account of the appellants,
within a period of thirty days 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.6,47,700/-
(Rupees Six Lakh Forty Seven Thousand Seven Hundred Only)
including interest as additional compensation before the
Tribunal, within a period of thirty days 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 and bank details before the third respondent
2024:KER:70284
MACA NO. 41 OF 2016
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
BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKUIAM
M.A.C.A. No. 4t oF 2016
Thulasidas and others : Appellants
Lins Thomas and others : Respondents
loint Statement filed by the Appellants and 3'd Respondent
1. The above appeal was filed for enhancement of compensation awarded in
O P ( M V) 46 of 2010 on the file of District and Sessions Court-Motor
Accidents Claims Tribunal, Thodupuzha. There is a valid policy at the time
of accident. The matter was then referred to the adalath held before this
hon'ble couft on 14.08.2024. After negotiation of the claim between the
parties the matter was settled in the adalath.
2. It is agreed that the 3'd respondent shall pay an amount of Rs.6,47,7OOl-
( Six Lakhs forty seven thousand and Seven Hundred Only) inclusive of
interest and cost to the appellants as full and final settlement of all the
claims against 3'd respondent.
3. The 3'd respondent will deposit the amount Rs. 6,47,700/-(Six Lakhs forry
seven thousand Seven Hundred Only) before the tribunal within 30 days of
t) la .{, 'rl o
U.
# :e aa.n q Et* q{rdr{ *. fu.
s'l ,iTiT H
'Tvuo Ac" fra"g-
1)
3)
v
w /l/h/z'
iD
'erlndia
)
(-)
For and on Behalf of :_
rhe New rnoia essurlnp$pany
Wrfu- ofirrrs
Lrd.
Duly Constituted Anpmay
the receipt of the ceftified copy of the judgment from this hon'ble court.
The amount will be deposited in the tribunal since the amount is to be
apportioned by the tribunal among the appellants. In any event if the
amount is not deposited as aforesaid the amount will carry 8olo interest
from the date of such default.
4. This hon'ble coutt may be pleased to record this statement and may be
pleased to pass a judgment in terms of this statement.
s*
Dated this the 3 I day of August 2024
Appellants S nanda Pai
(1) Thulasidas SJo&,As.- Counsel for Appellants
(2) Thankamma 'Tno^U^ IdLq"\
(3) Shalini S,;*L+
(4) Malini WL
,
3'd Respondent
i * 5 a Efur (r{i+Gr '. fr.
roiRS
:r and on Behalf
of :-
e New lndia Assurance
Counsel for 3
Lrd.
sTftr*.r$
Duly Constituled Attomey
qrsh \-
rt
BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM
M.A.C.A. No. 4L oF 2016
Thulasidas and others Appellants
Lins Thomas and others Respondents
Joint Statement filed by the Appellants and 3'd Respondent
S. Sachithananda Pai (S-20)
Counsel for Appellants
