Citation : 2026 Latest Caselaw 821 Ker
Judgement Date : 27 January, 2026
MACA NO.3866 OF 2023 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ TUESDAY, THE 277" DAY OF JANUARY 2026 / 7TH MAGHA, 1947 MACA NO. 3866 OF 2023 CRIME NO.116/2021 OF Karimannoor Police Station, Idukki AGAINST THE ORDER/JUDGMENT DATED 21.06.2023 IN OPMV NO.455 OF 2021 OF ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL/ADDL.RENT CONTROL APPELLATE AUTHORITY - I, THODUPUZHA APPELLANTS /PETITIONER: 1 CHINNAMMA, AGED 62 YEARS W/O PAILY, THEKKEDATHU HOUSE, KARIMANNOOR P.O. THODUPUZHA, PIN - 685581 2 ALPHA PAUL, AGED 35 YEARS D/O PAILY, THEKKEDATHU HOUSE, KURUMBUPADAM KARIMANNOOR P.O., THODUPUZHA, PIN - 685581 3 ALBIN PAILY, AGED 24 YEARS S/O PAILY, THEKKEDATHU HOUSE, KURUMBUPADAM KARIMANNOOR P.O., THODUPUZHA, PIN - 685581 BY ADVS. SRI.MATHEWS K.PHILIP SMT .T.MANASY SMT .MINISHA K DAS RESPONDENT/2ND RESPONDENT : UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, MUVATTUPUZHA, PIN - 686661 MACA NO.3866 OF 2023 OTHER PRESENT: SRI.P.K.MANOJKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO.3866 OF 2023 JUDGMENT
Dated this the 27" day of January, 2026
The learned counsel appearing for the appellants and the respondent submit that the subject matter in dispute between the parties has been settled out of court and the appellants and the respondent have filed a joint statement dated 15.12.2025 enumerating the terms of settlement between the parties, which is countersigned by the respective counsel.
In the light of the joint statement filed by the parties, this appeal is disposed of. The joint statement shall form a
part of the judgment.
sd/-
P.M.MANOJ JUDGE
das
E-CA NO : CA-2026-002574 E-FILING NO : EF-HCK-2023-109634
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Of Year 2026
In
MACA No.3866/2023 (
CHINNAMMA and others "Petitioners.
UNITED INDIA INSURANCE'. #°* Respondent COMPANY LIMITED aa,
JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT Sd/-
E-VERIFIED MATHEWS K.PHILIP K/000129/1986
OY pm -
4 ¢ p | Filing (Coding & Atoonts
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Of Year 2026
In
CHINNAMMA and others : Petitioners V/S UNITED INDIA INSURANCE : Respondent COMPANY LIMITED ee se fe, ANDE :
SL Contents ey eo Page Nos 1 joint statement : joint statement filed by the ppellants aiid the respondent 1-1 E-VERIFIED
a MATHEWS K.PHILIP K/000129/1986
joint statement 1 MACA No.3866/2023(CA-2026-002574)
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Appellant/ Petitioners : Chinnamma and others 'Respondent/Respordent : United fndia Insurance
JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT
1. The above appeal is filed from the judgment in OP (MV) No. 455/2021 on the file of Additional Motor Accidents Claims Tribunal Thodupuzha. The court below passed the award for an amount of Rs. 6,75,206/- with interest and cost.
2. Being aggrieved by the award, the claimants have filed this appeal before this court for enhancement of the compensation. During the pendency of the case, the ® matter has been settled between the appellants and the respondent with the insurer of the offending vehicle. The respondent insurer agreed to pay a further amount of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Theusand only) including interest as additional compensation in the above appeal. THe said amotint may be apportioned among us at the rate ordered by the trial court. aor
3. The respondent hereby agrees to transfer the above amount of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand only) to the Bank Account of the appellants and the 3 respondent within a period of two months from the date of receipt of the copy of the judgment from the Honourable High Court of Kérala, failing which the said amount will carry interest at 9% from the date of default. p
4. There is no threat, collusion, coercion: or undue influence in arriving at the above settlement. There is no mistake in arriving.at'this settlement.
Dated this the 15 day of December 2025.
Appellants: Respondent:
1. Chinnamma (14/7794 m4 oF United India Insurance Sn,
2. Alpha Paul Aye :
3. Albin Paily, (aah
. Advocate: Mathews K. Philip
Counsel for the Appellants Advocate: P.K. Manojkuma
THEWS K. PHILIP
MNOCATE. K/129/1986 38/360, Manorama Junctioe Karithala Road, Cochin - 6.
Ph: 9496689377, 94471084
FSO VERIFIED-6
.
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Appellant/ Petitioners : Chinnamma and others Respondent/Respor.dent : United India Insurance
JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT
1. The above appeal is filed from the judgment in OP (MV) No. 455/2021 on the file of Additional Motor Accidents Claims Tribunal Thodupuzha. The court below passed the award for an amount of Rs. 6,75,206/- with interest and cost.
2. Being aggrieved by the award, the claimants have filed this appeal before this court for enhancement of the compensation. During the pendency of the case, the matter has been settled between the appellants and the respondent with the insurer of the offending vehicle. The respondent insurer agreed to pay a further amount of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thcusand only) including interest as additional compensation in the above appeal. The said amount may be apportioned among us at the rate ordered by the trial court.
3. The respondent hereby agrees to transfer the above amount of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand only) to the Bank Account of the appellants and the 3" respondent within a period of two montis from the date of receipt of the copy of the judgment from the Honourable High Court of Kerala, failing which the said amount will carry interest at 9% from the date of default.
4. There is no threat, collusion, coercior: or undue influence in arriving at the above settlement. There is no mistake in arriving at this settlement.
Dated this the 15" day of December 2025.
Appellants: Respondent:
1. Chinnamma (14°797% mm cy United India Insurance
2. Alpha Paul Aya
3. Albin Paily (fies
Reto --
Advocate: Mathews K. Philip
Counsel for the Appellants Advocate: P.K. Manojkumar
MATHEWS K. PHILIP ADVOCATE, K/129/1986 38/360, Manoram ene
Karithala Road, Cocnin -
Ph: 9496689377, 9447108466
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