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Prince Thomas vs The Manager
2025 Latest Caselaw 12556 Ker

Citation : 2025 Latest Caselaw 12556 Ker
Judgement Date : 20 December, 2025

[Cites 3, Cited by 0]

Kerala High Court

Prince Thomas vs The Manager on 20 December, 2025

                                                      2025:KER:98596
MACA No.747/2020
                                 ..1..

               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. 747 OF 2020

  OPMV NO.431 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA

APPELLANT/PETITIONER:

            PRINCE THOMAS
            AGED 32 YEARS
            S/O.T.D.ANTONY, THALIYATH HOUSE, VYTHIRI POST,
            CHUNDALE, VYTHIRI TALUK, WAYANAD DISTRICT-673123.


            BY ADV SMT.CELINE JOSEPH


RESPONDENT/RESPONDENT:

            THE MANAGER
            SRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO
            INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTAN-302022.


            BY ADV SHRI.P.JACOB MATHEW


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 20.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2025:KER:98596
MACA No.747/2020
                                  ..2..



                             JUDGMENT

The appellant is the claimant in OP(MV) No.431 of 2018 on the file

of the Motor Accidents Claims Tribunal, Kalpetta. The said claim

petition was filed by the appellant claiming an amount of ₹3,00,000/- as

compensation for the injuries sustained by him in a motor accident

occurred on 23.10.2017. The tribunal awarded an amount of ₹3,55,600/-

as compensation under different heads, directing the 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 respondent insurer submitted that they have filed a compromose

petition dated 20.11.2025, wherein it is stated that the appellant and

the respondent insurer mutually agreed to settle the claim for

₹3,00,000/- in full and final settlement of the claim and the respondent

insurer shall pay compensation to the appellant within a period of sixty

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 2025:KER:98596

..3..

date of default.

3. In the light of the compromise filed by the parties, the

impugned award is modified by directing the respondent insurer to

deposit an amount of ₹3,00,000/- (Rupees three lakh only) in full and

final settlement of the claim, in the account of the appellant within a

period of sixty 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 claimant shall furnish copies of the

PAN Card, AADHAAR Card and bank details before the 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 bka/-

              BEFORE THE HONOURABLE HIGH COURT OF
                     KERALA AT ERNAKULAM


                     M.AC.A. NO.        747 OF 2020



      Prince Thomas                     :        Appellants

                                            Vs
      The Manager,                  :      Respondent

Shriram General Insurance Co. Ltd., Calicut

MEMO SUBMITTED BY THE COUNSEL FOR THE APPELLANT

I am the counsel appearing for the appellants in the above appeal.

It is submitted that the above matter has been settled between the parties

and to that effect a joint statement has been executed between the

parties. The true copy of the joint statement is produced herewith.

Dated this the 17th day of December, 2025

Counsel for the Appellant BEFORE THE HONOURABLE HIGH COURT OFKERALA

0.P.(MV) 431/2018 Prince Thomas. :Appellant

Vs.

The Manager, :Respondent Shriram General Insurance Co.Ltd.

COMPROMISE PETITION FILED UNDER ORDER 23 RULE3 OF CPC 1908 We, the appellant and the respondent Insurance Company mutually agreed to settle the claim for Rs. 3,00,000/- (Rupees Three Lakhs only) in full and final settlement of the clainm. There is no coercion or undue influence. The respondent shallpay the compensation to the appellant within a period of 60 days from the date of receipt of copy of this order failing which the above the amount shall carry interest a@ 8% per annum from the date of default onwards. It is humbly prayed that this Hon'ble Court may be pleased to dispose the appeal records in the above compromise.

Dated this the 20 day of November 2025 NERAL INSU For Shriram General Insurance Co. Ltd.

  COCHIN-16))                           Vnth
                                   Authorised Signatory

          Shriram General Insurance Co.Ltd.                                 Prince Thomas
          Respondent                                                          Appellant


          Counsel for the respondent                                      Counser for he appellant
 

 
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