Kerala High Court
Shijo Jose vs Shyni.R on 21 August, 2025
2025:KER:63323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
MACA NO. 4144 OF 2017
AGAINST THE AWARD DATED 13.10.2017 IN OPMV NO.23 OF
2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR
APPELLANT/PETITIONER:
SHIJO JOSE
S/O.JOSE JOHN, KARICKATHIL HOUSE,
MUTHALAT, ALENCHERY, YEROOR P.O.,
KOLLAM DISTRICT.
BY ADV SRI.ANCHAL C.VIJAYAN
RESPONDENTS/RESPONDENTS:
1 SHYNI.R.
ELANKATHIL VEEDU, KANJIRANIRAPPU,
NARICKAL P.O., PUNALUR, KOLLAM DISTRICT,
PIN-691305.
2 MANOJ R.
S/O.RAJAN M., PARANKIMAMVILLA PUTHEN VEEDU,
VILAKKUPARA P.O., KOLLAM, PIN-691312.
3 NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE, FIRST FLOOR,
PARAMESWARAN PILLAI BHAVAN, HOSPITAL ROAD,
2025:KER:63323
MACA NO. 4144 OF 2017
2
KOLLAM, PIN-691001.
BY ADV SMT.DEEPA GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 21.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:63323
MACA NO. 4144 OF 2017
3
JUDGMENT
The appellant is the claimant in O.P.(MV) No.23 of 2014 on the file of the Motor Accidents Claims Tribunal, Punalur. The said claim petition was filed by the appellant claiming an amount of Rs.15,00,000/- as compensation for the injuries sustained by him in a motor accident on 21.12.2013. The Tribunal awarded an amount of Rs.11,85,815/- as compensation under different heads, directing the third 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 third respondent insurer submitted that they have filed a joint statement dated 2025:KER:63323 MACA NO. 4144 OF 2017 4 12.08.2025, wherein it is stated that the claim of the appellant has been settled by the third respondent insurer, agreeing to deposit a further amount of Rs.9,30,000/-, 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 third respondent, within a period of thirty days 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 third respondent insurer, agreeing to deposit a further amount of Rs.9,30,000/-, 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 third respondent, within a period of thirty days 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 2025:KER:63323 MACA NO. 4144 OF 2017 5 shall furnish copies of the PAN Card, AADHAAR Card and bank details before the third respondent insurer within a period of fifteen 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 statement as above. The joint statement will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE RK / BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM M.A.C.A. NO. 4t44l2r,r7 Shijo Jose AppeIIant Vs. Shyni R And Others Respondents 1' The above appear is filed against the award dated 13.10.20 rz ino.p. (MV) No'2312074 on the files of the M.A.C.T. Punalur.
The originai petition was fiIed by the appellant for getting cornpensation, who met with a road traflic accident on 21'12.2o13 and sustaii';ed serious injuries.
The Tribunal had granted Rs.11,85,815/- aiong with go/ct interest p.a. from the date of petition titl realisation as compensation. The appeal is preferred for enhancement of compensation.
2' Since the 3'd respondent had admitted the coverage of insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the 3'd respondent.
3' The appellarrt and the 3'd respondent have negotiated the matter on it was listed for settlement and willingly arrived at a 09 'o7 '2025 while compromise settlement in full and tinal settlement of all the claims of the appellant against the 3rd respondent arising out of the accident and original petition mentioned above. It is agreed thgtJhe 3,d respondent shall pay an additional amount of Rs.9,30,00O/_ Nine lakhs thirty to the appellant by way of full and final settlement of all thr: claims of the appellant against the 3.d respondent.
Appellant:
Anchal C. Vijayan Counsel for the Appellant i;
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klffibh ManHgeagr ,'-, -/ t
Deepa George
ational Insurance Co.
Natior
unsel for the 3rd respondent
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4' The 3'd respondent hereby agrees to transfer by way of NEFT the above said amount of Rs'9,30,0oo1- (Rupees Nine lakhs thirty thousand only) within a period of 30 days from the date of receipt of the copy of the judgment from the Hon'ble High court, in the bank account of the appellant' The appellant shall provide the true copies of the bank passbook and Aadhaar card to the 3'd respondent r,vithin 15 days of receipt of copy of the judgment from the Hon'bie High court to effect payment.
In any event the said amount is not depo;ited as aforesaid, the amount would carry interest @ B% p.a. from the date of petition before the Tribunal.
5' There is no threat, coercion or undue influence in arriving at the above settlement' There is no mistake in a,-i'i,ring at the settlement either.
we humbly request this Hon'ble court to record this joint statement and to pass a judgment in terms thet:eof.
Dated on this the idtday of August, 2025.
Appellanti rt shij"
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Counsel for the Appellant t.sunaNce"CdilbAlFiffi Deepa George, Counsel for the 3'd respondent
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