Kerala High Court
Padmanabhan T.R vs Manu Murali on 8 August, 2025
2025:KER:59762
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 8TH DAY OF AUGUST 2025 / 17TH SRAVANA, 1947
MACA NO. 383 OF 2016
AGAINST THE AWARD DATED 15.07.2015 IN OPMV NO.773 OF
2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/PETITIONER:
PADMANABHAN T.R.
S/O.RAVUNNI @ RAMAN, THARAMATHATHIL HOUSE,
THENGODE, KAKKANAD
BY ADV SHRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS NO.1 AND 3:
1 MANU MURALI
S/O.MURALI KUTTAPPAN, VETTIKATTU KIZHAKETHIL
HOUSE FLAT, NO.1A9/102, NGO QUARTERS,
KAKKANAD 682030
2 NATIONAL INSURANCE COMPANY LTD.
AJAY VIHAR, MG ROAD, ERNAKULAM 682035
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 08.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:59762
MACA NO. 383 OF 2016
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.773 of
2012 on the file of the Motor Accidents Claims Tribunal,
Ernakulam. The said claim petition was filed by the appellant
claiming an amount of Rs.5,90,000/-, which is limited to
Rs.4,00,000/- as compensation for the injuries sustained by him
in a motor accident on 27.01.2012. The Tribunal had awarded
an amount of Rs.3,92,500/- as compensation under different
heads, directing the second 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 second respondent
2025:KER:59762
MACA NO. 383 OF 2016
insurer submitted that they have filed a joint statement dated
14.07.2025, wherein it is stated that the claim of the appellant
has been settled by the second respondent insurer, agreeing to
deposit an additional amount of Rs.2,95,000/- 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 second
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.
3. In the light of the joint statement filed by the
parties, the impugned award is modified by directing the
second respondent insurer to deposit an additional amount of
Rs.2,95,000/- (Rupees Two Lakh Ninety Five 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 second respondent, within a period of two months from the
2025:KER:59762
MACA NO. 383 OF 2016
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
second 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
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
M.A.C.A.No`. 383 of 2016
Padmanabhan.T.R Appellant
Vs.
Manu Murali & another Respondents
JOIHTSThTEHENT2E|EE±B:[jTNHDEEN=PELLARTAHDTHE
1. The above appeal is filed against the award in OP (MV) No.
773/2012 which was disposed of by the Motor Accidents claims
Tribunal, Emakulam by award dated 26/8/2014. The original petition is
filed by the appellant claiming compensation in respect of the
personal injuries sustalned by him in a road traffic accident occurred
on 27/1/2012 at about 7.00 pin while the appellant was walking
through Thrikkakara Municipal ground a car bearing No. KL-07-BT-3209
driven by its driver came in a rash and negligent manner and knock
down the appellant. As a result of the accident the appellant sustained
serious injuries. The Tribunal had granted Rs. 3,92,500/- as
compensation along with interest @ 90/o p.a. from the date of claim
petition. It is challenging the quantum of compensation that the above
appeal is filed. Since the 2nd respondent had admitted the coverage
of the insurance policy in respect of the offending vehicle, the liability
to pay the compensation is on the 2nd respondent. Hence the
settlemenL:is.t``arrived at' petwpen the appellant and the 2nd
respondent. ``\`
Appellant :
Padmanabhan.T.R
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NATION WOE COMPAN
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and respondent: National Insurance Com
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2. The appeuant above named and the 2nd respondent have
negotiated the matter out of court and willingly arrived at a
comprorhise settlement in full and froal settlement of an the claims of
the appeuant against the 2nd respondent arising out of the accident
and the original petition mentioned above. It is agreed that the 2nd
respondent insurance company shall pay an additional amount of Rs.
2,95,000/- (Rupees Two Iakhs Ninety Five Thousand only) inclusive
of an interest and cost to the appellant by way of full and final
settlement of all the claims of the appellant against the 2nd
respondent.
3. The 2nd respondent hereby agrees to deposit the above
amount before the Thbunal within a period of 2 months from the date
of receipt of a copy of the judgment from the Honble High Court, in
case of default as stated above the 2nd respondent is liable to pay
interest @ 8°/o from the date of default.
4. There is no threat ccercion or undue influence in arriving at the
above settlement. This settlement will form part of the judgment of the
Honble High court of Kerala.
Dated this the 14th day of July 2025.
Appellant :
Padmanabhan.T.R
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2nd respondent: National lns ::'REacno;
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Manage
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Counsel for the ;n#ndent
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