Kerala High Court
Ouseph vs Rajeev on 23 October, 2025
MACA NO. 2957 OF 2019
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2025:KER:78784
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
MACA NO. 2957 OF 2019
AGAINST THE AWARD DATED 30.09.2013 IN OP(MV) NO.272 OF 2007 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANTS/PETITIONERS AND ADDITIONAL PETITIONERS :-
1 OUSEPH, AGED 55 YEARS
S/O.THOMA, KALAMPARAMBIL HOUSE, IRINGOL P.O,
PERUMBAVOOR, ERNAKULAM DISTRICT(DIED).
2 MARY, W/O OUSEPH
KALAMPARAMBIL HOUSE, IRINGOL P.O, PERUMBAVOOR,
ERNAKULAM DISTRICT(DIED).
3 THOMAS,S/O. OUSEPH, KALAMPARAMBIL HOUSE,
IRINGOL P.O, PERUMBAVOOR,
4 GRACY, W/O. SUNNY, KALAYIL HOUSE,
CHAMPAKULAM P.O, ALAPPUZHA.
5 JOSE, S/O. OUSEPH, KALAMPARAMBIL HOUSE,
IRINGOL P.O, PERUMBAVOOR,
6 JAMES, S/O. OUSEPH, KALAMPARAMBIL HOUSE,
IRINGOL P.O, PERUMBAVOOR,
7 MERCY, W/O. SAJAN, ILLATHUKUDIYIL HOUSE,
OONNUKAL P.O, KOTHAMANGALAM.
8 JANCY, W/O. BABY, ATHAPPILLY HOUSE,
CHOWARA P.O, ALUVA.
BY ADVS.
SHRI.WILSON URMESE
MACA NO. 2957 OF 2019
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SMT.SHIPNA VARGHESE
RESPONDENTS/RESPONDENTS :-
1 RAJEEV, S/O. RAJAN, KIZHAKKEPURATHKUDY HOUSE,
ANAKKALLU, MUDAKUHA P.O, VENGOOR VILLAGE, (VIA)
KURUPPAMPADY, PERUMBAVOOR, ERNAKULAM DISTRICT-683542.
2 DILIPKUMAR T.N, S/O. NARAYANAN KARTHA,
THRIKADALIL HOUSE, KOOVAPPADY, AIMURY P.O,
PERUMBAVOOR, ERNAKULAM DISTRICT-683544.
3 THE ORIENTAL INSURANCE CO.LTD,
JYOTHI SUPER BAZAR, THODUPUZHA P.O,
IDUKKI DISTRICT-685584.
BY ADVS.
SRI.GEORGE CHERIAN (SR.)
SMT.ALEXY AUGUSTINE
LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 2957 OF 2019
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JUDGMENT
The appellants are the legal heirs of the claimant in O.P.(MV)
No.272 of 2007 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor. The said claim petition was filed by the appellant
claiming an amount of ₹13,58,000/- limited to ₹8,00,000/- as
compensation in respect of injuries sustained in a motor accident on
29.10.2006. The tribunal awarded an amount of ₹2,33,633/- 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 02.12.2024, wherein it is stated that the
claim of the appellants have been settled by the respondent/third
respondent-insurer, agreeing to deposit a further amount of
₹9,66,700/- (Rupees nine lakhs sixty six thousand seven hundred only)
including interest as additional compensation in the account of the
appellants within a period of 60 days from the date of receipt of a copy
MACA NO. 2957 OF 2019
2025:KER:78784
of this judgment, failing which, the said amount will carry interest at
the 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 ₹₹9,66,700/- (Rupees nine lakhs sixty six
thousand seven hundred only) including interest as additional
compensation before the tribunal within a period of 60 days 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
MACA NO. 2957 OF 2019
2025:KER:78784
PETITIONER ANNEXURES
Annexure A Joint Compramise Petition filed under Order
23 Rule 3 of the Code of Civil Procedure
BEFOFLE THE HON'BLE HIGH COURT OF KERALA, ERNAl(ULAM
M.A,C.A. No= 2957 of 2019
[in the matter of award dated 30.09.2013 in O.P.(MV) No.272/2007 of the
Motor Accidents claims Tribunal, Perumbavoor]
Ouseph (died) & others Appellants
Vs,
Ra].eev & others Respondents
MEMO
1. The appeal has been filed against the award dated 30.09.2013 in
0.P.(MV)No.272/2007 of the Motor Accidents Claims Tribunal, Perumbavoor.
2. During the pendency of appeal, the appellants 3 to 8 and the 3rd
respondent insurance company have entered into a settlement during the
pre-adalat settlement hearing of MACA cases organized by the High Court
Legal Services Committee. As per the Settlement, the 3rd respondent
insurance company has agreed to pay an amount of Rs.9,66,700/- as
compensation to the appellants, who are the legal heirs of the deceased.
Accordingly, a compromise petition was signed by the parties,
-
3. Though the said compromise petition was filed on 20.12.2024 via e-filing
through IA format, the Registry noted defect. Hence, this memo is filed
attaching the said compromise petition dated 02/12/2024 signed by the
parties for further orders. Enclosed herewith the Compromise petition signed
by the appellants and 3rd respondent insurance company as Annexure A.
Datedthisthel0thdayofoctober,2025 ~ ``. /
_WIL
Counsel for the Appellants
BEFORE THE HON'BLE HIGH COURT OF KERALA,
ERNAKULAM
I.A. No. of 2022
In
Petitioners / APPELLANTS 3 to 8 :
(appellants 1 & 2 died)
1. Thomas, S/o.Ouseph,
Kalamparambil House, lringol P.O., Perumbavoor.
2. Graey, W/o.Sunny,
Kalayil House, Champakufam P.O., Alappuzha.
3. Jose, S/o.Ouseph,
Kalamparambil House, Iringol P.O., Perumbavoor.
4. James, S/o.Ouseph,
Kalamparambil House, lringol P.O., Perumbavoor.
5. Mercy, W/o.Sajan,
llLathukudlyl House, Oonnukal P.O., Kothamangalam.
6. Janey, W/o.Baby,
Athappilly House, Chowara P.O., AIuva.
Respondents / RESPONDENTS / INSURER :
1. Rajeev, S/o.Rajan, Kizhakkepurathkudy House, Anakkallu,
Mudakkuha.P.O., Vengoor VIllage, Vla Kuruppampady,
Perumbavoor. Ernakulam District.
2. Dilipkumar.T.N„ S/o.Narayanan Kartha,
Thrikadalil House, Almury.P.O„
Koovappady, Perumbavoor, Ernakulam District
3. The oriental Insurance co. Ltd„ Jyothi super Bazar,
Thosupuzha P.O., ldukki District.
III
JOINT COIVIPROMISE PETITION FILED UNDER ORDER Xxvlll
RULE 3 READ WITll SECTION 151 0F THE CODE OF CIVIL
OfTq€Ea-ir¥TTT`T{/Au1hor1scdSignatory
E] EZ I
1. The above Appeal is filed against the award dated 30.09.2013
in O.P.(MV) No.272/2007 of the Motor Accidents claims Tribunal,
Perumbavoor. Petitioners herein are the claimants / appellants 3 to
8 in the above appeal, who are the legal heirs of the deceased in the
accident. The appellants 1 & 2 (parents) died in the meanwhile.
Petitioners herein /appellants 3 to 8 are the only legal heirs of the
said deceased persons. The 3rd respondent is insurance company
2. The age of the deceased was 32. However, a multiplier of 5
was taken for determining compensation, which is challenged in the
appeal. It has been held by the apex court in `Royal Sundaram
Alliance Insurance Company Ltd. V. Mandala Yadagari Goud' (2019
(2) KLT 326 SC) that in case the deceased is a bachelor it is the age
of the deceased which has to be taken into account and not the age
of the dependants.
3. The petitioner herein / appe!lants 3 to 8 and the 3rd
respondent insurance company have now entered into a settlement
out of court during the pre-settlement hearing of MACA cases
organized by the High Court Legal Services Committee on
07.04.2022. As per the terms of the settlement, the 3rd respondent
insurance company has agreed to pay an amount of Rs.9,66,700/-
(Rupees Nine Lakhs Si)cry Six Thousand and Seven Hundred only)
towards the petitioner herein /appellants 3 to 8, and petitioners
herein /appellants 3 to 8 have agreed to accept the said amount in
full and final satisfaction of all their claims in the above case
including the compensation, interest and costs throughout. The
petitioners herein /appellants 3 to 8 hereby und6rtake and state that
they have agreed into this settlement out of free will and that they will
not file any claim before any other court in respect of the same
causeofactionthatformspartofthisclaim. qTa tt{ ``-__, an rtlrHis
For Th I: a l!({ANCE CO. LTD.
/ry) €
EEE]EEiE E<iTI{\T`{ /Authorised Signatory
4. The 3rd respondent Insurance company ~
shall pay the agreed amount of Rs.9,66,700/- to the petitioners 2ffirz:' '
herein /appellants 3 to 8 by depositing the same to the bank account
mentioned below within a period of 60 days from the date of receipt
t°hf,sth:o::tdgc::n:r:i:::Hp::,::::H::hthce°uifew3°rdf
respondent insurance company defaults, it shall be liable to pay
interest at 9% p.a. from the date of defa.ult..
5.
EEEE=
The bank details of petitioners2Lto+herein /appellants 3 to 8
are as follows:
Name Name Of Bank with IFSC
1.Thomas.K.O., -67261398958
State Bank of India,
S/o.Ouseph IFSC : SBIN0071101 Kuruppampady
2. Mrs.Gracy Sunny - 0853053000000574
South Indian Bank ,
D/o.Ouseph lFSC : SIBLco00853 Chunangamveli
3. Jose.K.O. - 0334104000126052
lDBI Bank,
S/o.Ouseph lFSC :IBKL0000334 Perumbavoor
4. James.K.O. -12910100119581
The Federal Bank Ltd.
S/o.Ouseph lFSC : FDRL0001291 Kuruppampady
5. Mercy.K.O. -0712101037977
Canara Bank,
W/0.Sojan lFSC :CNRB0000712 Kothamangalam
6. Jancy.K.O. -0710101017282
Canara Bank,
wio.Berry ` IFSC :CNRB0000710 Sreemoolanagaram
6. In the above circumstances, the above Appeal may be
disposed of in terms of this compromise petition, making this
compromise petition as part of the final order, without costs.
Allih.:^f::tL:^S::t_ed:b#:._are true and correct.
Dated this the ..a day of i 2o24r
`
ZEE-EiiE `aTftry t5erreaT /Authorised Signatory
-+,
uiTiii fin , 1-3
Lf\WCE CO. LTD.
1.M/s.Oriental Insurance Co. Ltd /4, ZL
i=care;T{ /Authorised Signatory
eL#druli
Counsel for the 1 st pctiticr:er / 3rd re:;pondent insurer
2.Thomas, S/o.Ouseph
3. Gracy, W/o.Sunny :.:..,,i,
4. Jose, S/o.Ouseph -f©
5. James, S/o.Ouseph
`!:;` .
6. Mercy, W/o.Sajan `
Nj#`
7. Jancy, W/o.Baby
gr
z=T=ppe,,ant:3JZ>
Counsel for the petitioners fiei/ appellants
