Apportionment of compensation in motor accidents; settlements should adhere to agreed terms under judicial guidance.

JUDGMENT

The appellants are the claimants in O.P.(MV)

No.1171 of 2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The said claim petition was filed by the appellants claiming an amount of ₹9,88,000/- limited to ₹8,00,000/- as compensation for the death of the deceased in a motor accident on 19.09.2012. The tribunal awarded an amount of ₹3,68,000/- 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 claimants have come up in appeal.

2. Today, when the matter came up for consideration, the learned Counsel for the appellants as well as the learned Standing Counsel for the respondent insurer submitted that they have filed a joint statement dated 15.01.2026, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹3,09,000/- inclusive of all interest and cost to the appellants by way of full and final settlement of all the claims of the appellant against the 3^rd 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 ₹3,09,000/-(Rupees Three lakhs nine thousand 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 statement as above. The joint statement will form part of the judgment.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

STB

BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM Radhamani & others Appellants Vs.

Suresh Kumar.K.R & another Respondents JOINT STATEMENT FILED BY THE APPELIANrs ANI) THE 2ad REroNDENT

1. The above appeal is filed against the award in op (MV) No.1171/2012 which was disposed of by the Motor Accidents claims Tribunal, lrinjalakuda by award dated 19/2/2016. The original petition is filed by the appellant claiming compensation in respect of the death of the Husband of the ls` appellant who died in a road traffic accident occurred on 19/9/2012 at about 2.00 pin while the deceased Krishnan was standing by the side of NH-47 at Pongam, a tourist bus bearing No. KL45-H-3937 came in a rash and negligent manner and knocked down the deceased. As a result of the accident the deceased sustained serious injuries. While undergoing treatment the deceased succumbed to the injuries . The Tribunal had granted Rs. 3,68,000/- as compensation along with interest @8°/o 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 appellants and the 2nd respondent.

Appellante:

Radhaman' /fa GNly^ gi-.

AI` ap RaJe