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Kerala High Court
Sunny Thomas @ Sebastaian vs Anneshkumar C R on 23 February, 2026
2026:KER:16077
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
MACA NO. 2968 OF 2015
AGAINST THE AWARD DATED 16.06.2015 IN OPMV NO.176 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA
APPELLANT/PETITIONER:
SUNNY THOMAS @ SEBASTIAN
S/O. THOMAS, KUNNACKATTU HOUSE,
TEEKOY KARA & VILLAGE.
BY ADVS.
SRI.MATHEW JOHN (K)
SHRI.DOMSON J.VATTAKUZHY
RESPONDENTS/RESPONDENTS:
1 ANNESHKUMAR C R
S/O. RADHAKRISHNAN, CHIRACKAL HOUSE,
POONJAR SOUTH POST, PIN-686 581.
2 RADHAKRISHNAN C.A.
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MACA NO. 2968 OF 2015
2
S/O. AYYAPPAN, CHIRACKAL HOUSE,
POONJAR SOUTH POST, PIN-686 581.
3 THE MANAGER
RELIANCE GENERAL INSURANCE CO. LTD.,
XI/3599, 4TH FLOOR, ELIZABETH ALEXANDER MEMORIAL
BUILDING, SHANMUGAM ROAD, MARINE DRIVE,
ERNAKULAM-682 011.
BY ADV SHRI.K.B.RAMANAND
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 23.02.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 2968 OF 2015
3
JUDGMENT
The appellant is the claimant in O.P.(MV) No.176 of
2014 on the file of the Motor Accidents Claims Tribunal, Pala.
The said claim petition was filed by the appellant claiming an
amount of ₹2,30,000/- as compensation for the injuries
sustained by him in a motor accident on 31.12.2013. The
tribunal awarded an amount of ₹1,81,100/- 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
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MACA NO. 2968 OF 2015
submitted that they have filed a joint statement dated
13.12.2025, wherein it is stated that the claim of the appellant
has been settled by the third respondent insurer, agreeing to
deposit an additional amount of ₹92,000/- to the appellant by
way of full and final settlement of all the claims of the appellant
against the third respondent insurance company, 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 7% 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 ₹92,000/- (Rupees
Ninety Two Thousand Only) to the appellant by way of full and
final settlement of all the claims of the appellant against the
third respondent insurance company, within a period of two
months from the date of receipt of a copy of this judgment,
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MACA NO. 2968 OF 2015
failing which, the said amount will carry interest at the rate of
7% 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 "E HONOURABLE HIGH COURT OF KERAIA AT ERNAKULAM
MACA No. 2968 Of 2015
(Against the award of the Motor Accidents claims Tribunal, Pa fa in
O.P.[M,V] No.176 of 2014 dated 16.06.2015)
ADI]ellants/Claimants
Sunny Thomas @ Sebastian, S/o Thomas,
Kunnackattu House, Teekoy Kara & VIIIage.
Vs.
Resr]ondents/ Reslrohdehts
1. Anneshkumar C R, S/O. Radhakrishnan,
Chirackal House, Poonjar South
Post, Pinus6 581.
2. Radhakrishnan C.A. S/O. Ayyappan,
Chirackal House, Poonjar South Post, Pin-686 581.
3. The Manager, Reliance General Insurance Co. Ltd.,
XI/3599, 4th Floor, Elhabeth Alexander Memorial Buiiding,
Shanmugam Road, Marine Drive,
Emakulemus2 011.
JOINT MEMO OF COMPROMISE FILED BY lllE APPELLANT AND THE
RESPONDENT No.3
1. The above appeal has been filed by the appellant, who is the
claimant before the Motor Accidents Claims Tribunal, Pala in O.P,[M.V]
No. 176 of 2014, challenging the inadequaey of the compensation
awarded by the Tribunal dated 16.06.2015 with respect to a motor
vehicle accident on 31.12.2013.
2. It is respectfully stated that in o.P.(MV) No.176/2014 of Motor
Accident Claims Tribunal, Pala, the Tribunal has awarded an amount of
Rs.1,81,100/-(Rupees One lakh Eighty One thousand One Hundred
only) as compensation to the claimant with interest at 9% per annum
from the date of filing of petition before the Tribunal (09/04/2014) till
realization with proportionate costs. :±;;3=td.``r`e.spondent insurer has
gr in RELIANc[ G[
Aunnds¢nanry
i.`.
admitted the coverage of the insurance policy with respect to the
offending vehicle involved in the said accident and the liability to pay
compensation is on the 3rd respondent Insurance Company as per the
award of the Tribunal.
3. The appellant and the 3rd respondent Insurance company have
negotiated the matter out of court and have amicably and lawfully
arrived at a compromise settlement in full and final settlement of all the
claims of the appellant against the 3rd respondent insurance company
arising out of the said accident, which is the subject matter of the original
petition mentioned above as well as this appeal. It is agreed that the 2nd
respondent shall pay an additional amount of Rs.92,COO/-(Rupees
Ninety Two Thousand only) to the appellants by way of full and final
settlement of all the claims of the appellant against the 3rd respondent
Insurance Company.
4, It is hereby agreed by the appellants have no objection
whatsoever in receiving the aforesaid amount of Rs.92,COO/-(Rupees
Ninety Two Thousand only) in terms of this compromise settlement
entered into between the parties herein as a full and final settlement of
all the claims as against the 3rd respondent Insurance Company.
5. The 3rd respondent hereby agrees to transfer by way of National
Electronic Funds Transfer (NEFT), the above amount of Rs.92,000/-
(Rupees Ninety Two Thousand only) to the bank account of the
appellants within a period of 2 months from the date of receipt of the
copy of the Judgment from the Honble High Court of Kerala, failing
which the said amount will carry interest at 7% from the date of default.
6. There is no threat, collusion, coercion or undue influence in
arriving at the above settlement. There is no mistake in arriving at this
settlement either.
It is therefore prayed that this Honble Court may be pleased to record
this joint statement and to pass a judgment in terms thereof.
:`\ foR R[llAN(E GENERALINSURANCE CO. LTD.
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Dated this the 13th day of December, 2025.
fry
Appellant Mathew John
(K/255/1987)
Counsel for Appellant
roRREiiANCEGEN[RALiNsuRANCEcO.iTti.
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Autwh'sedsisnatry
3rd Respondent/Insurer Counsel for 3rd Respondent
RRr^RNf}IVD KB
