Kerala High Court
Adityan B vs The Divisional Manager,United India ... on 10 July, 2025
2025:KER:51260
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
MACA NO. 2525 OF 2019
AGAINST THE AWARD DATED 23.02.2019 IN OPMV NO.353 OF
2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/PETITIONER:
ADITYAN B. (MINOR)
AGED 11 YEARS, S/O. BINU,
VADAKKECHERUKONATHU, MUDIYOORKONAM P. O.,
PANDALAM, REPRESENTED BY NATURAL GUARDIAN FATHER,
BINU, S/O. CHANDRAN, VADAKKECHERUKONATHU,
MUDIYOORKONAM P. O., PANDALAM
BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE COMPANY LTD.,
KIZHAKKEDAM COMPLEX, PATHANAMTHITTA - 689546
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 2525 OF 2019
2
JUDGMENT
The appellant is the claimant in O.P.(MV) No.353 of 2015
on the file of the Motor Accidents Claims Tribunal,
Pathanamthitta. The said claim petition was filed by the appellant
claiming an amount of Rs.5,00,000/- as compensation for the
injuries sustained by him in a motor accident on 09.09.2014. The
Tribunal awarded an amount of Rs.1,69,394/- as compensation
under different heads, directing the third 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 third respondent insurer
2025:KER:51260
MACA NO. 2525 OF 2019
submitted that they have filed a joint statement dated 24.06.2025,
wherein it is stated that the claim of the appellant has been
settled by the third respondent insurer, agreeing to deposit a
further amount of Rs.3,00,000/- 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 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 third
respondent insurer to deposit an amount of Rs.3,00,000/-
(Rupees Three Lakh 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 date of receipt of a copy of this judgment, failing
2025:KER:51260
MACA NO. 2525 OF 2019
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 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
RK
BEFORE THE HONCURABLE HIGH COURTOF KERALA AT
HRNAKULA!\II
M-A.C.A.f{#" 2525 ?019 cf
Adityan.B Appellant
V$.
The Divisional Manag€r, united lndia Respondent
ln*urftftGe C*rxpany Ltd
JOII{T S"TAfEUEI{T FILED BY THE APPELL*ITT AI{D THE
RESPOSDENT
1. The above appeal is filed against the award in op
{MV} No.
353t2015 which was disposed of by the Motor Accidents
crairns
Tribunal, Pathanamthitta by award dated 23tztzo1g.. The original
petition is filed by the apperlant claiming compensation in
respect of
tJre personal injuries sustained by him in a road traffic_ accident
occurred on 9twza14 at about 1.00 pm while the appellant,
was
standing by the side of pandalam-Mavelikkara Road at cherumara
Junction a motor.cycle KL-31-A-3997 came in a rash and negligent
manner and knocked down the appellant. As a result of the
accident the
appellant sustained serious injuries. The Tribunar had grantecr
Rs=
1,69,3941- as compensation along with interest
@9yo p.a. from the date
of claim petition. It is challenging the quantum of compensation
that
the above appeal is filed. Since the respondent had admitted the
coverage of the insurance poricy in respect of the offending
vehicie, the
liability to pay the compensation is on the respond.ent. Hence
the
settlement is arrived at between the appellant and the respondent.
AFFeII*nt :
Asity#n.B W; {1 {na
*., T,etftJea
h/rn " '( ryq'b'j ,.:
FoI.UNITED INDIA INSURANCE CO. LTD
Resp*rndeffit: united In#ia Insuraile*
-Authorlsed Signatory
l
r
$
2. Ttre appellant above named and the respondent have
negotiated the matter out of court and willingly arrived at a
compromise settlement in full and fina1 settlement of atl the claims of
the appellant egainst the respondent arising out of the accident and
the original petition mentioned above. It is agreed that the
respondent insurance company shall pay an additional amount of Rs.
3,00,00o/- {Rupees Three Lakh only} inclusive of all interest and cost
to the appeliant by way of full and final settlement of all the claims of
the appellant against the 2nd respondent.
3" The respondent hereby agrees to deposit the above amount
before the Tribunal within a period of 2 months from trre date of
I receipt of a copy of the judgment from the Hon.ble High court, in case
of default as stated above the respondent is liable to pay interest
@
BYo from the date of defaulter.
4. There is no threat coercion or undue influence in arriving at the
above settlement. This settlement will form part of the judgment of the
Honble High cnurt of Kerala.
Dated this the 24r. d,ay of June 2025.
AppeIIant
Adityan" B
W ,"P,by d a{hw
{t,
'fiq
& fr4tht'{ FOT.UNITED INDIA INSURANCE CO. LTD.
R*s3r$sld#ffit: united lndie nsure*ce
\Fr*
Suthorised Signatory
r
Aru.Senth*sh
*oun$el for the Appellant
**epa w
Counsel f*r the respsnder*t
