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Kerala High Court
Girishkumar.K.G vs Jinto on 17 December, 2025
2025:KER:97273
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH
AGRAHAYANA, 1947
MACA NO. 2689 OF 2019
AGAINST THE AWARD DATED 17.01.2019 IN OPMV NO.1544
OF 2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL & SPECIAL COURT
FOR E.C. ACT CASES, THRISSUR
APPELLANT/PETITIONER:
GIRISHKUMAR.K.G
AGED 48 YEARS
(MENTALLY UNSOUND AND CRIPPLED), S/O. GOPALAN
NAIR, KANNIKKARA HOUSE, PERINGANNOOR, P.O.
PERAMANGALAM, THRISSUR DISTRICT, REP. BY HIS
GUARDIAN NEXT FRIEND AND WIFE JAYASREE, AGED 39
YEARS, D/O. MADHAVAN NAIR.
BY ADV SRI.P.V.CHANDRA MOHAN
RESPONDENTS/RESPONDENTS:
1 JINTO
S/O. OUSEPSH, KANJIRAPARAMBIL HOUSE, AVANOOR
P.O, THRISSUR DISTRICT-680 547.
2 MINTO P.C,
S/O. CHUMMAR P.D, PAINADATH HOUSE, AVANOOR P.O,
THRISSUR-680 547
3 UNITED INDIA INSURANCE CO. LTD,
DIV. OFFICE, NO. II, 1ST FLOOR, TRICHUR TRADE
CENTRE, KURUPPAM ROAD, THRISSUR-680 001
BY ADVS.
SMT.K.S.SANTHI
2025:KER:97273
2
MACA NO. 2689 OF 2019
SMT.LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 17.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:97273
3
MACA NO. 2689 OF 2019
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1544 of
2012 on the file of the Motor Accidents Claims Tribunal,
Thrissur. The said claim petition was filed by the appellant
claiming an amount of ₹30,51,000/- as compensation for the
injuries sustained in a motor accident on 29.03.2012. The
tribunal awarded an amount of ₹17,88,734/- as compensation
under different heads, directing the respondent insurer to
deposit the said amount along with interest @ 8% per annum
from the date of filing the claim petition till realization. Being
dissatisfied with the compensation awarded, the claimant 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
21.11.2025, wherein it is stated that the claim of the
appellant has been settled by the respondent insurer,
agreeing to deposit a further amount of ₹11,00,000/- 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 3 rd
2025:KER:97273
MACA NO. 2689 OF 2019
respondent, within a period of one month from the date of
receipt of a copy of this judgment, failing which, the said
amount will carry interest at the rate of 9% 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
respondent insurer to deposit an additional amount of
₹11,00,000/-(Rupees Eleven lakhs 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 one month from the date of
receipt of a copy of this judgment, failing which, the said
amount will carry interest at the rate of 9% 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 15 days 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.
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MACA NO. 2689 OF 2019
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
STB
OF KERALA AT
BEFORE THE HONOURABLE HIGH COURT
ERNAKULAM
of 2012 of M. A. C.T., Thrissur)
(From the Award in O. P. (M.V.) No. 1544
Girish Kumar K. G. represented by
His guardian, next friend and wife Jayesree Appellant/Petitioner
-Vs-
United India Insurance Co. Ltd. . Respondent/3™ Respondent
FILED BY THE APPELLANT AND THE
JOINT SETTLEMENT MEMO
UNITED INDIA INSURANCE COMPANY
THIRD RESPONDENT,
LIMITED
1544 0of 2012 before
The appellant was the claimant in 0. P. (M. V.) No.
nsation for the injuries
the MACT, Thrissur which was filed claiming compe
claimed Rs.30,51,000/- the
sustained by him in a motor accident. Though he
the heads. Challenging
Hon'ble Tribunal granted only Rs. 17,88.734/-under al.l
the quantum. the above appeal is filed.
and after a detailed
While the appeal was pending. it was sent for mediation
Company offered to pay
discussion, the respondent United India Insurance
Rs.11.00.000/- (Rupees Eleven lakhs only) inclusive of interest and costs, over
settlement of the appeal
and above the amount already awarded, as full and final
passing of the judgment
and offered t0 deposit the same within one month of the
t with 9% interest
in this appeal and in case of default. to pay the above amoun
per annum for the delayed period. The appellant accepted the offer and agreed to
settle the appeal on the above terms and conditions.
pleased to dispose
Therefore it is humbly prayed th:t this Hon'ble Court be
over and above the amount
of the above appeal by directing the re:rondent to pay.
of Rs.11,00,000/- (Rupees
already awarded by the Tribunal, an advitional amount
arid final settlement of
Eleven lakhs only) inclusive of intere:t and costs as full
to deposit this amount
all claims in the appeal and further, div:ct the responderit
and in case of default,
within one month of the judgment disy using of the appeal
for the delayed period.
to deposit the above amount with 9% o inicrest per annum
Dated this the 21% day of November, 2025.
Appellant W
Girish Kumar K. G.
Represented by his guardian,
next friend and wife Jayasree
ol Counsel for the 3 respondent.
Counsel for the appellant.
a in
thChssag
foSunan
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