Kerala High Court
Jagadamma vs Managing Director on 13 September, 2024
2024:KER:70276
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. 1684 OF 2024
AGAINST THE AWARD DATED 19.04.2021 IN O.P (MV) NO.755
OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM
APPELLANTS/ADDITIONAL PETITIONERS 2 TO 6 :-
1 JAGADAMMA, AGED 69 YEARS
W/O. LATE GOPI, THADATHIL VEEDU, KOVOOR,
ARINALLOOR.P.O, MYNAGAPPALLY,
KUNNATHOOR, KOLLAM., PIN - 690540
2 LEENA GOPI, AGED 49 YEARS
D/O LATE GOPI, THADATHIL VEEDU, KOVOOR,
ARINALLOOR.P.O, MYNAGAPPALLY, KUNNATHOOR,
KOLLAM, PIN - 690540
3 LIJU GOPI, AGED 48 YEARS
S/O LATE GOPI THADATHIL VEEDU, KOVOOR,
ARINALLOOR.P.O, MYNAGAPPALLY,KUNNATHOOR,
KOLLAM, PIN - 690540
4 LEEJA GOPI, AGED 44 YEARS
D/O GOPI,THADATHIL VEEDU, KOVOOR, ARINALLOOR.P.O,
MYNAGAPPALLY,KUNNATHOOR, KOLLAM, PIN - 690540
5 LINI GOPI, AGED 36 YEARS
D/O GOPI, THADATHIL VEEDU, KOVOOR, ARINALLOOR.P.O
MYNAGAPPALLY,KUNNATHOOR, KOLLAM, PIN - 690540
BY ADVS.
C.RAJENDRAN
R.S.SREEVIDYA
MACA NO. 1684 OF 2024
2
2024:KER:70276
RESPONDENTS/RESPONDENTS :-
1 MANAGING DIRECTOR
KSRTC, FORT.P.O, TRIVANDRUM, PIN - 690523
2 K.G.SATHEESH KUMAR
S/O GOPALAKRISHNAN NAIR, KOLATHU KULAPURA,
MARIYATHUTUTHU.P.O, AYAMANAM VILLAGE,
KOTTAYAM, PIN - 686015
3 THE BRANCH MANAGER
NEW INDIA INSURANCE COMPANY LTD.,
KOLLAM BRANCH., PIN - 691001
BY ADVS.
Mahesh N
AJEESH EMMANUEL
TIJIMOL VARGHESE(K/0001102/2006)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1684 OF 2024
3
2024:KER:70276
JUDGMENT
The appellants are the claimants in O.P.(MV) No.755 of 2017
on the file of the Motor Accidents Claims Tribunal, Kollam. The
said claim petition was filed by the appellant claiming an amount
of Rs.6,06,000/-, which is limited to Rs.5,00,000/- as compensation
in respect of death of one Gopi in a motor accident on 04.04.2016.
The Tribunal awarded an amount of Rs.2,57,500/- as compensation
under different heads, directing the third 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, 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 third respondent insurer submitted that they have
filed a joint statement dated 21.08.2024, wherein it is stated that
the claim of the appellants have been settled by the
MACA NO. 1684 OF 2024
2024:KER:70276
respondent/third respondent-insurer, agreeing to deposit a further
amount of Rs.1,00,000/- (Rupees One lakh only) including interest
as additional compensation in the account of the appellants within
a period of 60 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.1,00,000/- (Rupees One lakh
only) including interest as additional compensation before the
Tribunal within a 60 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 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
MACA NO. 1684 OF 2024
2024:KER:70276
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
SMA
BEFORE THE HONOURABLE HIGH COyRT OF KERALA -- ERNAKU
LAM
Jagadamma and others /
: Appellant/Petitioner
e
Vs
' \ '@
Managing director KSRTC and others =\/e5;wndent5/ Respondents
JOINT-MEMO FILED BY THE COUNSEL FOR THE APPELLANT
AND COUNSEL FOR THE 3*°
RESPONDENT (THE NEW INDIA ASSURANCE €O
--------
LTD )TO REPORT THE SETTLEMENT
We, the appellant/claimant and the 3" respondant /Insu
rance company above named, have
willfully arrived at the compromise to settle the claim at Rs.1,00000/- (Rupees
One Lakh
only) !
1. No coercion or undue influence is applied. We reque
st this Hon'ble Court to record
this joint settlement and to Pass an award in
terms thereof.
2. We, Further state that the 3% respondent /Insurance company above
named is
willing to transfer the settlement amount of Rs.1,00000/-(One Lakh Only) in their
account orodiced before the MLA.CT, Kallam as per th
¢ ratic allowsd in the award
within 60 days from the date flllis Hon'ble Court records this statement of
settlement and passes the award in terms thereof
I
Dated this the 21" day of August, 2024 '
For and on Behalf of..
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