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Kerala High Court
K.R. Pradeep vs B.S. Babu on 20 December, 2025
MACA NO. 1565 OF 2014
1
2025:KER:98550
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 20TH DAY OF DECEMBER 2025 / 29TH AGRAHAYANA, 1947
MACA NO. 1565 OF 2014
AGAINST THE AWARD DATED 26.04.2012 IN OP(MV) NO.504 OF 2010 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM
APPELLANT/PETITIONER :-
K.R. PRADEEP, AGED 33 YEARS
S/O.RAMACHANDRAN PILLAI, ASRAMATHINTE
KIZHAKKETHIL,SASTHAMANGALAM.
BY ADV SHRI.R.SATISH KUMAR
RESPONDENTS/RESPONDENTS :-
1 B.S. BABU, S/O.BHAVU, BABU MANDIRAM,
NANDAYIVANAM,NEDUMPARAMBU P.O., TRIVANDRUM 695 102.
2 VIJAYAKUMAR, S/O.DIVAKARAN, VIJAYAVILASAM,
VAMANAPURAM,KARETTU, PULIMATHU 695 612.
3 THE DIVISIONAL MANAGER
UNITED INSURANCE CO.LTD., KOLLAM691 001.
4 CHANDRAN PILLAI, S/O.PARAMESWARAN PILLAI, CHITOOR,
PANMANA,KOLLAM - 691 583.
5 THE BRANCH MANAGER
NATIONAL INSURANCE CO.LTD., KOLLAM 691 001.
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 20.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1565 OF 2014
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2025:KER:98550
JUDGMENT
The appellant is the claimant in O.P.(MV) No.504 of 2010 on
the file of the Motor Accidents Claims Tribunal, Kollam. The said
claim petition was filed by the appellant claiming an amount of
₹2,75,000/- as compensation in respect of injuries sustained in a
motor accident on 06.08.2008. The tribunal awarded an amount of
₹53,300/- rounded to ₹53,500/- as compensation under different
heads, directing the third respondent insurer to deposit the said
amount along with interest at the rate of 7.5% 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 04.07.2025, wherein it is stated that the
claim of the appellant has been settled by the respondent/third
respondent-insurer, agreeing to deposit a further amount of ₹75,000/-
(Rupees seventy five thousand only) including interest as additional
compensation in the account of the appellant within a period of two
months from the date of receipt of a copy of this judgment, failing
MACA NO. 1565 OF 2014
2025:KER:98550
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 ₹75,000/- (Rupees seventy five thousand only)
including interest as additional compensation before the tribunal
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 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 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 HON'BLE HIGH COURT OF KERALA, ERNAKULAM
K.R. Pradeep & Appetlant
Vs.
B.S. Babuand 4 others ' 4 . - Respondents
JOINT STATEMENT FILED BYAPI'ELLANT AND 3"'*@'»8'.[!@1\?;@&&1
(i). The above .flppeal is filed against the Award m OP(MV) No. 504/2010
. of Motor Accidents Claims Tribunal, Kollam, 'dated 26/4/2012, The
OP(MV) is filed by the appellant claiming compensation for the injuries
caused/sustzined by him in a Motor Vehicle Accident ocourred on
6/8/2008 by 5.30 a.m., while the appellant was travellingin a Maruti Car
bearing Reg. No. KL 23 A 4816 b:i'ck to his.house, through Sasthamkotta
from Trivandram Aitport through Trivandram Kollam Natiohal Highway-
from south to north ° direction and when he reached at Kfllluval'hukkal,
Mini Lorry bearing Reg. No. KL 01 M 6935 overtock the Maruti Car and -
applied sudden brake and thus hit on the 'back side of the Mini Lorry and
appellant sustained injuries. - Appellant claimed Rs.2,75,000/- with interest'
at the rate 0£ 12% per annum in the Claim Petition.
2:
(2). The 1eamed Tribunal awarded Rs.53,500/- wlth interest at the rate of
7.5% per annum from 7/6/2010 onwards. = Being aggrieved by the said
"award, the above appenl is filed before this Hon'ble Court.
¥
(3). * Since the Insurance Company adnii_tsed coverage of Insurance Po]iéy",
in respect of the offending vehicle, to whom MACT ordered to pay
compensation, a settlement has heeu arrived at between the appellant.and the
3 Respondent Insurance Company. .
(4). As stated above, the matter fiave been negotiated between appéllan_t'
and 3 respondent and arrived at ai compromise settlement in full and final.
- settlement of all the-claim of the! " appellant 'against the" 3¢ respendeqtv
arising 'out 'of the said - accident mentioned in the original petition. It is
agreed that the 3" respondent Insurance Company shall pay an additional |
'amount of Rs.75,000/- (Rupees sevlénty five thousand onlfr) inclusive of all
interest and cost to the appellant by way. of full and final settlement of all
clams of the appellant against 3 respondent |i
|i
:
(5). .;l'h'e 3% respondent hereby agrees to- deposit Rs.75,000/- before the !
' MACT., Kollam within apenod of 2 months from the date of receipt of a
copy of the Judgment. in this. case from thls Hon'ble Court and in case of
default as stated above, the 3 respondent shall be hable to pay interest at
the rate of 8% per annum from the date of default
RN @&-{L s For UNITEDINDIA INSURANCE CO, LTD.
. Authorised Signatory
(6); There is no threat or coeréion or undue influénce in" arriving at the
" ahove settlement. This settlement will form part of the Judgment of this
Hon'ble Court. ) )
N '
g g
Dated this the 4% day of July 2025
P"[fl" | ForUNITED INDIA INSURANCE CO. LTD.
K.R. PRADEEP Authorised Signatory
APPELLANT. DENT
/@' , (16347
R. SATHISH KUMAR 3 :
- COUNSEL FOR THE COUNSEL FOR THE 3" RESPONDENT
APPELLANT : v
