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Kerala High Court
Vysakh vs The National Insurance Company Ltd on 8 January, 2026
2026:KER:1010
MACA NO. 2465 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
MACA NO. 2465 OF 2020
AGAINST THE AWARD DATED 21.01.2020 IN OPMV NO.815 OF
2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR
APPELLANT/PETITIONER:
VYSAKH
AGED 21 YEARS, S/O. AJAYAN,
PERIYAPURAM, HOUSE, AMINURY,
KOOVAPPADY.
BY ADV SHRI.A.N.SANTHOSH
RESPONDENT/2ND RESPONDENT:
THE NATIONAL INSURANCE COMPANY LTD
2ND FLOOR, MULLAPPALLY BUILDINGS,
A.M. ROAD, PERUMBAVAOOR 683 542,
REPRESENTED BY ITS MANAGER.
BY ADVS.
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MACA NO. 2465 OF 2020
2
SRI.P.G.JAYASHANKAR - STANDING COUNSEL
SMT.P.K.RESHMA (KALARICKAL)
SMT.STEFIN THOMAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 08.01.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 2465 OF 2020
3
JUDGMENT
The appellant is the claimant in O.P.(MV) No.815 of
2017 on the file of the Motor Accidents Claims Tribunal,
Perumbavoor. The said claim petition was filed by the appellant
claiming an amount of ₹9,37,000/-, which is limited to
₹8,00,000/- as compensation for the injuries sustained by him in
a motor accident on 22.10.2016. The tribunal awarded an
amount of ₹8,95,855/- as compensation under different heads,
directing the 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 respondent insurer submitted that
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MACA NO. 2465 OF 2020
they have filed a joint statement dated 12.12.2025, wherein it is
stated that the claim of the appellant have been settled by the
respondent insurer, agreeing to deposit a further amount of
₹2,00,000/- 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.
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 ₹2,00,000/- (Rupees Two Lakh
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
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MACA NO. 2465 OF 2020
said amount will carry interest at the rate of 8% per annum
from the date of default. The appellant 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.
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 THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Vysakh : Appellant
Vs.
The National Insurance Company Ltd : Respondent
JOINT STATEMENT FILEfi BY THE APPELLANT AND THE
RESPONDENT '
1. The above appeal is filed lagainst the award in OP (MV) No.
815/2017 which was disposed of by the Motor Accidents Claims
Tribunal, Perumbavoor by award dated 21/1/2020. 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 22/10/2016 at about 2.00 pm while the appellant was traveling as a
pillion rider in a motor cycle bearing No. KL-40-K-5548 through
Angamaly-Perumbavoor road and when the vehicle reached at
Marotichode, a lorry bearing No. KL-07-AW-8873 came in a rash and
negligent manner and hit upon the motor cycle. As a result of the
accident the appellant sustainéd serious injuries The Tribunal had
granted Rs. 8,95,855/-as compensation along with interest @ 8% 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 :
Vysakh ;',
TR T
Eldho Titus
WEEH D
Assistant Manager
Respondent: National Insuranée Company Ltd
§
|
l
2. The appellant above nlamed and the respondent have
negotiated the matter out otf' court and willingly arrived at a
compromise settlement in full and final settlement of all the claims of
the appellant against the resp%mdent arising out of the accident and
the original petition mentioqed above. It is agreed that the
respondent insurance company "Sshall pay an additional amount of Rs.
2,00,000/- (Rupees Two Lakhs §My) inclusive of all interest and cost
to the appellant by way of full a'i-nd final settlement of all the claims of
the appellant against the respondent.
3. The respondent herebyilagrees to deposit the above amount
before the Tribunal within a period of 2 months from the date of
receipt of a copy of the judgmenfi from the Hon'ble High Court, in case
of default as stated above the Zrespondent is liable to pay interest @
8% from the date of default.
4. There is no threat coercion 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.
i!
Dated this the 12t day of December 2025.
Appellant : \
Vysakh @ { Eldho Titus
T
}{ Assistant Mana
Respondent: National lnsurandé Company Ltd
&vD
A.N.Santhosh
Counsel for the Appellant
