Kerala High Court
Aslam Chundakkadan vs United India Insurance Co. Ltd on 28 October, 2025
MACA NO. 3132 OF 2018
1
2025:KER:80633
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
MACA NO. 3132 OF 2018
AGAINST THE AWARD DATED 11.05.2018 IN OP(MV) NO.1200 OF 2016 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER :-
ASLAM CHUNDAKKADAN, AGED 26 YEARS
S/O MUHAMMED ALI, 13/468, PALLIKUNNATH,
VADAKKEPARAMBA P.O. CHEEKODE, MALAPPURAM- 673 641
BY ADV SHRI.AVM.SALAHUDIN
RESPONDENT/3RD RESPONDENT :-
UNITED INDIA INSURANCE CO. LTD
WHITE LINES, KALLAI ROAD, KOZHIKODE- 673 002
REPRESENTED BY MANAGER
BY ADV SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 28.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 3132 OF 2018
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2025:KER:80633
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1200 of 2016 on
the file of the Principal Motor Accidents Claims Tribunal, Kozhikode.
The said claim petition was filed by the appellant claiming an amount
of ₹10,00,000/- as compensation in respect of injuries sustained in a
motor accident on 18.09.2015. The tribunal awarded an amount of
₹4,99,500/- as compensation under different heads, directing the third
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 third respondent insurer submitted that they have
filed a joint statement dated 05.01.2025, 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
₹2,45,000/- (Rupees Two lakhs forty 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 which, the said amount will carry interest at the
MACA NO. 3132 OF 2018
2025:KER:80633
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 third respondent insurer
to deposit an amount of ₹2,45,000/- (Rupees Two lakhs forty five
thousand only) including interest as additional compensation before
the tribunal 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 9% 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 HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Aslam Chundakkadan Appellant
Versus
United India Insurance Co. Ltd. Respondent
MEMORANDUM OF AGREEMENT
(Under Sec. 89 of the Code of Civil Procedure, 1908 read with Rules 24 & 25 of the
Kerala Civil Procedure(iviediation) Rules, 2008)
The appellant and the respondent above named submit as follows:
1. The above appeal is filed against the award dated 11/05/2018 in O.P.
1200/2016 of the Prl. Motor Accidents Claims Tribunal,
(MV) No.
Kozhikode. The parties have agreed to settle all disputes arising from
the said award on the following terms.
2. The appellant had agreed to accept a sum of Rs. 2,45,000/- (Rupees
Two Lakhs Forty Five Thousand only) as additional compensation,
claims
inclusive of interest and costs, in full and final settlement of all
against the respondent Insurance Company.
3. The respondent Insurance Company shall deposit the settlement
amount within two months from the date of receipt of the certified copy
of the judgment of this Hor'ble Court.
4. In the event of failure to deposit the amount within the stipulated period,
the Insurance Company shall be liable to pay interest at the same rate
as awarded by the Tribunal, from the date of default until payment.
5. Since the insurance policy in respect of the offending vehicle and the
liability are admitted by the respondent Insurance Company, no other
respondents are necessary for the present agreement.
6. This settlement has been voluntarily entered into by the parties, without
any threat, coercion or undue influence. It is therefore humbly prayed
that this Hon'ble Court may be pleased to record the above settlement
and pass a judgment in terms thereof.
Dated this the 4 * day of October, 2025.
Appellant Respondent
(NOIAA SURANCE CO. LTD.
adan SRR edITED
FornitUN Indiwinsurance Co. Ltd.
Aslam Chundakk/
Adihorised Signatory
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Counsél f Respondent
PKMANOJKUMAR k| 75((49
