Citation : 2026 Latest Caselaw 170 Ker
Judgement Date : 8 January, 2026
2026:KER:1032
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. 3924 OF 2024
CRIME NO.411/2019 OF Nenmara Police Station, Palakkad
AGAINST THE AWARD DATED 01.07.2024 IN OPMV NO.20 OF
2020 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
APPELLANT/PETITIONER:
DEEPTHI
AGED 33 YEARS
D/O KRISHNAN, 9/330, KAVARATHODU, NANNIODE,
PATTANCHERY, PALAKKAD DISTRICT, KERALA-, PIN -
678534
BY ADV SRI.BABY MATHEW
RESPONDENT/3RD RESPONDENT:
SHRIRAM GENERAL INSURANCE CO LTD
REP BY ITS BRANCH MANAGER, 2ND FLOOR, AZAD
TOWER, AMMAN KOVIL ROAD, COCHIN -, PIN - 682035
BY ADV SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN
FINALLY HEARD ON 08.01.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:1032
2
MACA NO. 3924 OF 2024
JUDGMENT
The appellant is the claimant in O.P.(MV) No.20 of
2020 on the file of the Motor Accidents Claims Tribunal,
Palakkad. The said claim petition was filed by the appellant
claiming an amount of ₹23,45,000/- which was limited to
₹10,00,000/- as compensation for the injuries sustained in a
motor accident on 12.10.2019. The tribunal awarded an
amount of ₹7,64,000/- 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
19.12.2025, wherein it is stated that the claim of the
appellant has been settled by the respondent insurer,
agreeing to deposit a further amount of ₹4,00,000/- 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 3 rd 2026:KER:1032
MACA NO. 3924 OF 2024
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
₹4,00,000/-(Rupees Four 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, 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 15 days 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 2026:KER:1032
MACA NO. 3924 OF 2024
statement as above. The joint statement will form part of the
judgment.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
STB i i BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
MA.CA.NO! 3924 | 2024 « Deepthl ) . Appellant
Vs,
Shriram General Insurance Co.Ltd |~ ... Respondent PPELLANT AND THE RESPONDENT
1. The above appeal is filed by the claimafl against the award dated 1-07-2024 in O.P. (MV) No. 20/2020 of MA.C.T. PalakkedA,'fhe original petition is filed by the Appellant/ Claimant claiming a compensation of Rs. 10,00,000/- in connection with the injuries sustained by her in a motor vehicle accident which occurred on 12-10-2020 involving a LMV pick up van bearing registration No. TN-57-BD-0907 insured with respondent (W/s. Shriram General Insurance Company Ltd.) The Tribunal found that the accident occurred due to the rash and negligent dfiving of the pick up van by the 2 respondent in the original petition. The said vehlcle v{as Ijsured with the respondent M/s. Shriram General Insurance Company Ltd. lTh . Tgbunal had granted Rs. 7,64,000/- as compensation along with interest @18 Y p.a. from date of petition (27112/2019) till realization and directed the respondent s, Shriram General Insurance Company Ltd to deposit the amount, It is challenging$)8 quantum of compensation that the above appeal is filed. Since the respondent, Ms Shriram General Insurance Company Ltd has admitted the coverage of the insuragce policy in respect of the offending vehicle, the liability to pay the compensation is pn the respondent. Hence the settiement is amived at between the appellant and thd responden or Shriram General Insurance Co. Ltd.
\imithaRe.
DEePTHK pmAllSl Authorised Signatory
Deepthi M#. Shriram General Insurance Company Ltd
' Respondent
Appellant
)
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|
2.The appellant above named and the flls' Shriram General Insurance Company Ltd (respondent) have negotiated the malter out of court and willingly arrived at L, Compromise in full and final settiement|of all the claims of the appellant against M/s Shriram General Insurance Company Lid. ( respondent) arising out of the accident and the original petition mentioned above.
3.t is agreed that the M/s Shriram Gperal Insurance Company Ltd (respondent) shall pay an additional amount of Rs. AlD0,000/- (Rupees Four lakhs only) inclusive of all interest and costs to the appellantlby way of full and final settlement of all the claims of the appellant agains} Mis: hrirarg General Insurance Company Ltd (respondent). y »
4. M/s. Shriram General Insurance' fompany Ltd will deposit the amount of Rs. 4,00,000/- (Rupees Four lakhs ofif] before the Tribunal, within a period of two months from the date of receipt o(f the' ;opy of the judgment from the Hon'ble High Court. i |
§. There is no threat, coercion or urigue fnflu!nce in amriving at the above settlement. There is no mistake in arriving at th se eTent either.
! We humbly request this Hon'ble Co! 'tc record this joint petition and to pass a judgment in terms thereof.
Dated on this the 47%1 of December, 2025
DEEPTHIR rogisly
Adv. Baby Mathew
Counsel for the Appellant
Mis. Shriram General Insurance Cfip y Ltd Adv. Jofin Joseph Vettikad
Respondent ! Counsel for the respondent
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