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Kerala High Court
Anilkumar vs New India Assurance Company Ltd on 20 February, 2026
2026:KER:15699
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
MACA NO. 1801 OF 2020
AGAINST THE AWARD DATED 07.12.2018 IN OPMV NO.146 OF
2017 OF THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH
PARAVUR
APPELLANT/ PETITIONER:
ANILKUMAR
AGED 34 YEARS
S/O. PURUSHAN, KANIYAMPARAMBIL HOUSE, KUZHIPPANAM
KARA, EZHIKARA VILLAGE.
BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/ 3RD RESPONDENT:
NEW INDIA ASSURANCE COMPANY LTD.
BRANCH OFFICE, SIVAM TOWERS, SOUTH NALUVAZHY, N.
PARAVUR - 683 513, REPRESENTED BY ITS MANAGER.
BY ADV SHRI.M.M.IRSHAD MOOPPAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
This appeal is filed by the appellant in O.P.(MV) No.146 of
2017 on the file of the Additional Motor Accidents Claims
Tribunal, N. Paravur. The said claim petition was filed by the
appellant herein, claiming an amount of ₹12,85,000/- limited to
₹3,00,000/- as compensation in a motor accident occurred on
20.03.2016. The Tribunal awarded an amount of ₹67,400/- as
compensation under different heads, directing the respondent
insurer to deposit the said amount along with interest at the rate
of 7.5% per annum from the date of petition till the date of
realization. Disputing the quantum of compensation awarded,
the appellant has come up with this 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 10.01.2026 wherein it is stated
that the respondent insurance company shall pay an additional
amount of ₹1,00,000/- (Rupees One lakh only) inclusive of all
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interest and cost to the appellant by way of full and final
settlement of all the claims of the appellant against the
respondent. The respondent insurer shall deposit the amount
within a period of two months from the date of receipt of the
account particulars. In case of any default, 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 amount of ₹1,00,000/- (Rupees One lakh
only) 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 two
months from the date of receipt of a certified copy of this
judgment so as to enable the insurance company to make the
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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
SRJ
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Anilkumar Appellant
Vs.
New India Assurance Company Ltd Respondent
JOINT STATEMENT FILED BY THE APPBLLANT AND THE
REPOHDEHT
1. The above appeal is filed against the award in OP (MV) No.146/2017 which
was disposed of by the Addl. Motor Accidents Claims Tribunal, N.Paravur
by award dated 7/12/2018. 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 20/3/2016 at about 8.30 pin while the
appellant was riding a motor cycle bearing No. KL42-K-2210 through
Chathanad-Perumpadanna road and when he reached near Kazhipanam,
another motor cycle bearing No. KL42-K-2559 came in a rash and
negligent manner and knocked down the appellant. As a result of the
accident the appellant fell down on the road and sustained serious
injuries. The Tribunal had granted Rs. 67,400/- as compensation along with
interest @7.5% 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 policy in respect of the offending vehicle,
the liability to pay the compensation is on the respondent. Hence the
settlement is arrived at between the appellant and the respondent.
Appellant : Anilkumar
Respondent: New India Assurance Company Ltd
For and on Behalf of -
The New India Assurance Company 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
final settlement of all the claims of the appellant against the SS 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.
1,00,000/-(Rupees One Lakhs 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 an 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 Hon'ble High Court, in case of default as stated above the
respondent is liable to pay interest @ 8% from the date of default.
4. There is no threat ccercion or undue influence in arriving at the above settlement.
This settlement will form part of the judgment of the Hon'ble High court of Kerala.
Dated this the 10th day of January 2026
Appellant : Anilkumar
Fc)r and on Behalf of
Respondent: New India Assurance company Ltd The t\'ew India Assmicc compan}, i„
Du,,coAIds#
Irshad
Counsel for the Appellant Counsel for the respondent
