Kerala High Court
Monichan Joseph vs The Divisional Manager on 13 September, 2024
2024:KER:70274
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. 1727 OF 2024
AGAINST THE AWARD DATED 15.06.2023 IN O.P (MV) NO.1645
OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER :-
MONICHAN JOSEPH, AGED 47 YEARS
S/O OUSEPH CHACKO, PUTHENCHIRA HOUSE,
VELIYANADU , ALAPPUZHA, PIN - 689590
BY ADVS.
P.M.JOSHI
SIJI K.PAUL
BONNY BABY
PRASOON.K.P
SRUTHI SUNILKUMAR
C.GOKULKRISHNAN
RESPONDENT/RESPONDENT :-
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LIMITED,
KOTTAYAM, PIN 688001
BY ADV P.K.ManojKumar
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1727 OF 2024
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2024:KER:70274
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1645 of 2019
on the file of the Motor Accidents Claims Tribunal, Kottayam. The
said claim petition was filed by the appellant claiming an amount
of Rs.27,16,000/-, which is limited to Rs.12,00,000/- as
compensation in respect of injuries sustained by the appellant in
a motor accident on 15.05.2019. The Tribunal awarded an
amount of Rs.3,68,672/- as compensation under different heads,
directing the third respondent insurer to deposit the said amount
along with interest at the rate of 7% 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 16.08.2024, wherein it is stated that
the claim of the appellant has been settled by the
respondent/third respondent-insurer, agreeing to deposit a
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2024:KER:70274
further amount of Rs.1,75,000/- (Rupees One lakh seventy five
thousand only) including interest as additional compensation in
the account of the appellant within a period of 90 days from the
date of receipt of a copy of this judgment, failing which, the said
amount will carry interest at the rate of 7% 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.1,75,000/- (Rupees One lakh
seventy five thousand only) including interest as additional
compensation before the Tribunal within a 90 days from the date
of receipt of a copy of this judgment, failing which, the said
amount will carry interest at the rate of 7% 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 open for the
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2024:KER:70274
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 HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.
MACA NO. 1727 OF 2024
MONICHAN JOSEPH Appellant(S).
Vs
THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE Co. Ltd Respondent(s).
JOINT SETTLEMENT O FILED BY THE APPLLANT(S) AND THE
RESPONDENT UNITED INDIA INSURANCE CO. LTD. SETTLING THE MOTOR
ACCIDENTS CLAIMS APPEAL
The above appeal filed against the award dated 15-06-2023 in OP(MV) No.1645 of
2019 of the Motor Accidents Claims Tribunal, Kottayam has been settled by the above
parties on the following term:
1) The appellant(s) has agreed to accept a sum of Rs 1,75,000/- (One Lakh Seventy five
thousand Rupees only) as additional compensation inclusive of interest, etc. from the
respondent United India Insurance Co. Ltd., in full and final settlement of all claims
arising from the above claim. The Respondent insurance company has agreed to deposit
the above amount.
2) The appellant(s) shall furnish the account particulars and pan card details of the
claimant(s) in whose name the amount is to be deposited within one month from the date of
judgment.
3) The Insurance Company shall effect the deposit by transfer to the respective
account (s) of the Appellant(s)/Claimant(s) within 90 days from the date of receipt of the
account particulars and pan card details.
4) In case the appellant/claimant fail to furnish the account details as per condition
no.2 above, the running of interest would stop and if the insurer fail to deposit the amount
as per condition 3, even after furnishing the details by the appellant(s)/Claimant(s),
interest shall be payable at the same rate as contained in the award from the date of
default.
5) The above scttlement is reached between the parties at their free will and it is
humbly prayed that this hon'ble court may be pleased to record the above settlement and
pronounce a judgment in terms of the above settlement.
Dated this the 16" day of August, 2024
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APPELLANT(s):
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(ADV. P.M. JOSHY(J-409) (ADV. P.K.MANgJK_UMAR )
COUNSEL FOR THE APPELLANT. COUNSEL FOR THE RESPONDENT
