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Kerala High Court
Selvan@Chellan vs Vijayakumar on 20 January, 2026
2026:KER:4885
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
MACA NO. 1678 OF 2019
AGAINST THE AWARD DATED 16.05.2018 IN OPMV NO.1411 OF
2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM
APPELLANT/APPLICANT:
SELVAN @ CHELLAN
AGED 27 YEARS, S/O.IMBARAJ,
KARIMPLAVILA PUTHENVEEDU,THALAYAL,
BALARAMAPURAM.P.O, ATHIYANNOOR VILLAGE,
THIRUVANANTHAPURAM.
BY ADV SRI.R.V.SREEJITH
RESPONDENTS/RESPONDENTS:
1 VIJAYAKUMAR
S/O.KRISHNAPILLAI,T.C.35/354,
KADAVILAKATHU KZHAKKATHIL
PUTHENVEEDU,WI.H.NO.621,
VELLARADA.P.O,NEYYATTINKARA, THIRUVANANTHAPURAM-
695121.
2 RAJESH KUMAR.R.T,
S/O.RAJAN.P,
NELLIVILA PUTHEN VEEDU,
KEELLIYODE,PERUMPAZHUTHOOR,
NEYYATTINKARA, THIRUVANANTHAPURAM-695121.
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MACA NO. 1678 OF 2019
2
3 THE MANAGER,
M/S.SHRIRAM GENERAL INSURANCE CO.LTD,
HEAD OFFICE-III,E-8,RIICO INDUSTRIAL AREA,
SITA PURA,JAIPUR, RAJASTHAN,
ISSUING OFFICE-M/S.SHRIRAM GENERAL INSURANCE
CO.LTD,VELLAYAMBALAM JUNCTION,
THIRUVANANTHAPURAM-695032.
4 VIPIN JOSE,
S/O.SATHYAN,SYAM BHAVAN,BALARAMAPURAM.P.O,
NEYYATTINKARA,THIRUVANANTHAPURAM-695120.
5 THE DIVISIONAL MANAGER,
M/S.NATIONAL INSURANCE CO.LTD,
MOTOR 3RD PARTY CLAIMS DEPARTMENT,
KESAVA TOWERS, GANDHARI AMMAN KOVIL ROAD,
PULIMOODU,THIRUVANANTHAPURAM-695022.
BY ADVS.
SRI.JOHN JOSEPH VETTIKAD
SHRI.N.S.NAJEEB
SHRI.JASH C JAMES
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 20.01.2026, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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MACA NO. 1678 OF 2019
3
JUDGMENT
The appellant is the claimant in O.P.(MV) No.1411 of
2010 on the file of the Motor Accidents Claims Tribunal,
Thiruvananthapuram. The said claim petition was filed by the
appellant claiming an amount of ₹5,95,000/- which is limited to
₹3,00,000/- as compensation for the injuries sustained by him in
a motor accident on 28.05.2009. The tribunal awarded an
amount of ₹78,400/- 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
2026:KER:4885
MACA NO. 1678 OF 2019
the learned Standing Counsel for the respondent insurer
submitted that they have filed a joint statement dated
30.12.2025, wherein it is stated that the claim of the appellant
has been settled by the respondent insurer, agreeing to deposit
an additional amount of ₹3,00,000/- inclusive of interest and
costs 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.
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
₹3,00,000/- (Rupees Three Lakh Only) inclusive of all interest
and costs 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
2026:KER:4885
MACA NO. 1678 OF 2019
judgment. The claimant 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
2026:KER:4885
MACA NO. 1678 OF 2019
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
Selvan @ Chellan «. Appellant
Vs.
.ariram General Insurance Co. Ltd .. Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE 3% RESPONDENT
- N e me------
1. The above appeal is filed by the claimafit against the award dated 16-05-2018 in O.P. (MV) No.
1411/2010 of M.A.C.T. Thiruvananthapuram, The original petition s filed by the Appellant/ Claimant claiming
acompensation of Rs. 5,95,000/- limited to Rs. 3100,000/-- in connection with the injuries sustained by him
in a motor vehicle accident which occurred on 28-05-2009 involving a mini bus bearing registration No. KL-
found
01-P-2066 insured with 3 respondent (M/s. Shriram General Insurance Company Ltd.) The Tribunal
bus by the 2 respondent in the
that the accident occurred due to the rash and negligent driving of the
M/s. Shriram General Insurance
original pefition. The said vehicle was insured with the 3 respondent
nsation along with interest @ 8 % p.a. from
Company Ltd. The Tribunal had granted Rs. 78,4g0/- as compe
dent Mis. Shriram General Insurance Company
date of petition til realization and directed the 3"1: respon
tum of compensation that the above appeal is filed.
Ltd to deposit the amount. Itis challenging the qtian
admit ted the coverage
2 Sincethe3' respondent, M/s Shriram General Insurance Company Ltd has -
is on the3™
offending-vehicl e,-the liabity to pay the-compensation
of the insurance policy in respect of the
arrived at betw een the appéllant and the 3¢ respondent.
r;spondent. Hence the-settlement is Ld.
For Shriram General Insurance Co.
Authori:é:lgl'gr"'%fy
5 Q/W? 0
Mis Shriram General Insurance Ltd
o Ch 3¢ Respondent
Sex::e%'g hellan
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3. The appellant above named and the M/s, Shriram General Insurance Company
Ltd (3" respondent)
have negotiated the matter out of court and willingly arrived at a Compromise
in full and final settlement of
ail the claims of the appellant against Mis Shriram General
Insurance Company Ltd. (3" respondent)
arising out of the accident and the
original petition mentioned above.
4, Itis agreed that the M/s Shriram General Insurance Company
Ltd (3 respondent) shall pay an
additional amount of Rs, 3,00,000/- (Rupees Three lakhs-only) inclus
ive of all interest and costs to the
appellant by way of full and final settlement of all the cla|ms of the appell
ant agalnst Mls Shnram General
Insuranoe Company Ltd (3"' respondent)
5. Mis. Shriram General Insurance Company Ltd will deposit the
amount of
Rs. 3,00,000/- (Rupees Three lakhs only) before the Tribunal,
within a period of two months from the date
of receipt of the copy of the judgment from the Hon'ble High
Court,
6. There is no threat, coercion or undue influence in ariving
at the above settlement. There is no
mistake in amiving at the settlement either,
We humbly request this Hon'ble Court to record lhis oint petitio
n and to pass a judgment in terms thereof.
Dated on this lh&z:/'fiay of D
5elVa0
=< %
Selvan @ Chellan = -- Adv. RV Sresjith
Appellant - . Counsel for the Appellant fi\/
- M's. Shriram General Insurance Company Ltd Adv. John Joseph Vettikad
3" Respondent Counsel for the 3¢ respondent
For Shriram General Insurance Co. Ltd.
NiothaR
Authorised Signatory
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