Kerala High Court
Siril Thomas vs United India Insurance Company Limited on 14 October, 2025
2025:KER:76194
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
MACA NO. 2887 OF 2018
AGAINST THE AWARD DATED 11.04.2018 IN OPMV NO.1118
OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL/RENT CONTROL
APPELLATE AUTHORITY, IRINJALAKUDA
APPELLANT/PETITIONER:
SIRIL THOMAS
AGED 27 YEARS,S/O THOMAS, VADAKKUMCHERY HOUSE,
ANDRAKKAPADAM DESOM, PARIYARAM VILLAGE.
BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED
P.B. NO. 1, SREEKUMAR BUILDING, SOUTH JUNCTION,
CHALAKUDY -680 307
BY ADV SHRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 14.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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2
MACA NO. 2887 OF 2018
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1118 of
2014 on the file of the Motor Accidents Claims Tribunal,
Irinjalakuda. The said claim petition was filed by the appellant
claiming an amount of ₹17,40,000/- limited to ₹9,00,000/- as
compensation for the injuries sustained by him in a motor
accident on 09.02.2014. The Tribunal awarded an amount of
₹6,84,885/- 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 15.09.2025, wherein it
is stated that the claim of the appellant has been settled by
the respondent insurer, agreeing to deposit a further amount
of ₹6,50,000/- inclusive of all interest and cost to the
appellant by way of full and final settlement of all the claims
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MACA NO. 2887 OF 2018
of the appellant against the 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
respondent insurer to deposit an additional amount of
₹6,50,000/-(Rupees Six lakhs and fifty thousand 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 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. 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.
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MACA NO. 2887 OF 2018
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
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Siril Thomas Appellant
Vs,
United India Insurance Company Ltd Respondent
JolNT STATEhlENT HLED 8¥ THE AppELLA)rT AND THE
REsporoRT
1. The above appeal is filed against the award in OP (MV) No.
1118/2014 which was disposed of by the Motor Accidents Claims
Tribunal, Irinjalakuda by award dated 11/4/2018. The original petition is
filed by the appellant claiming compensation in respect of the
personal injuries sustained by him in a road traffic accident occurred
on On 9/2/2014 at about 7.35 pin while the appellant was riding a
motor cycle bearing No. KL41 -E-8235 through Chalakudy-Athirampilly
road and he reached near Velookkara, an auto rickshaw bearing No.
KL45-E4597 driven by its driver came in a rash and negligent manner
and knocked down the appellant. As a result of the accident the
appellant sustained serious injuries. The Tribunal had granted Rs.
6,84,885/- as compensation along with interest @ 8% p.a. from the
date of clalm petition. It is challenging the quantum of compensation
that the above appeal is filed. Since the respondent had admitted the
coverage of the insurance policy in respect of the offending vehicle, the
liability to pay the, compensation is on the respondent. H_ence the
i
settlement is arrived at between the appellant and the respondent.
Appellant :
Siril Thomas
ITED INDIA INSURANCE 00. LTD.
^vw cwulfty
Autliorised Signatory
Respondent: United India lnsuran any Ltd,
2. The appellant above named and the respondent have
negotiated the matter out of court and willingly arrived at a
compromise settlement in full and fmal settlement of all the claims of
the appellant against the 2nd 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.
6,50,000/- (Rupees Six Lakhs Fifty Thousand 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.
3. The 2nd respondent hereby agrees to deposit the above
amount before the Tribunal within a period of 2 months from the date
of receipt of a copy of the judgment from the Honble High Court, in
case of default as stated above the 2nd respondent is liable to pay
interest @ 80/o from the date of default.
4. There is no threat coercion or undue influence in arriving at the
above settlement. This settlement will forln part of the judgment of the
Honble High court of Kerala.
Dated this the 15th day of September 2025.
Appellant ,
Siril Thomas
UNITED INDIA INSURANCE CO. LTD.
^A#o##
Respondent: United India I nsurance Ltd.
A.N.Santhosh
-±,
P,Jacob Mathew
Counsel for the Appellant Counsel for the respondent
