IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
SANTHA, JITHEESH, JINCY, DEVAKI, KARTHIYAYANI, SUNDHARAN, BALAKRISHNAN, SUBRAMANYAN, VASUDEVAN, PUSHPA K.P. – Respondent
MACA NO. 2776 OF 2018 | OPMV NO.738 OF 2015
| Table of Content |
|---|
| 1. claim for death compensation in motor accident. (Para 1) |
| 2. joint memo of compromise filed by parties. (Para 2) |
| 3. modification of award based on compromise. (Para 3) |
JUDGMENT
In OP(MV) No.738 of 2015 on the file of the Motor Accidents Claims Tribunal, Tirur, a claim petition filed claiming an amount of ₹20,00,000/- as compensation for the death of the deceased who succumbed to the injuries sustained in a motor accident occurred on 11.04.2015, the tribunal awarded an amount of ₹13,61,000/- as compensation under different heads, directing the insurer to deposit the said amount along with interest at the rate of 7% per annum from the date of the claim petition till realization. Alleging that the compensation awarded by the tribunal is excessive, the insurer has come up with MACA No.2776 of 2018, whereas the claimants have filed CO No. 125 of
2019 dissatisfied with the compensation.
2. Today, when the matter came up for consideration, the learned counsel for the claimants as well as the learned Standing Counsel for the insurer submitted that they have filed a joint memo of compromise dated 18.11.2025, wherein it is stated that the claim of the claimants has been settled by the insurer, agreeing to deposit a further amount of ₹14,40,000/- in full and final satisfaction all the claims as compensation inclusive of all, before the tribunal within a period of one month 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 memo of compromise filed by the parties, the impugned award is modified by directing the insurer to deposit an amount of ₹14,40,000/- (Rupees fourteen lakh and forty thousand only) in full and final satisfaction all the claims as compensation inclusive of all, before the tribunal within a period of one month 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 appeal and the cross objection are disposed of, in terms of the joint memo of compromise as above. The joint memo of compromise will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
bka/-
MAC.|" No. 2276 of 2078 &
Reliance General Insurance Co. Ltd. r,s. Santha and others And Santha and others vs. Reliance General Insurance Co. Ltd.
JOINT MEMO OF COMPROiltrSU FILED BY THE APPELLANT, RELIANCE GENERAL INSURANCE CO. LTD. AND THE RESPONDENTS/CO OBJI'CTIONERS
1' T (M he 'V ) a b N o o v ' e 7 3 a 8 pp /2 e 0 a 1 l 5 w as- Iired againpt the award d.ated 74/02/201g in o.p.
is numbered as MAC 0 A f t 2 h | e 7 M :/? o g to 1 r g a . " f " f i r a . .it" cr*ims Tribunal, Tirur which filed Cross Objection as C.O. L2S/2}tg. n""po"aents in the above MACA
2' T be h t e w e m en a t t t h e e r i p n a v r o t l i v e e s d . in the appeal and co objection has been setfled Co. Ltd in MACA 2Z l, Z -: 6 . / : 2 q O 1 tt f t that d th " e ; " e i p f pellant, Reliance Insurance Rs.14,40,000/- (Rupees Fourtee " n h r t l a l tfrs fort a y n additional amount of Thousand the MACT, Tirur in fu'I and finar satisfacuo".i", onl5r) before the co-objection s t in h a e i t d h d e a a m t a e b o o o u v f n e r t e c w c a e i s l i l e p c t a a o s r f r c t y h o e m g o j p % u e d i n n g s te m a r t e i e o s " n t t . f in r r o c t m r r u t i s " t h iv r e e r . d " o a t f i l e a e r l o , c f r o v d i u e th r fa t i , n u f t a t o . n ili e n g m w on h t i h c c h r f a r i t o m h m e s
3. The appellant insurar ^
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bythemasMACAri;;/;;T;:;Lffi :l.r".Hxi1iTI",H#:,"$#:
balance amount as claimed u, CO tiS iOr! ,ra there is no threat, coercion or undue inf t lu ence in a a rr l i s v o in u g n a d t e r t t h a e k e a b t o h v a e t settlement_
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the above appeal, MACA 2zz6/2019 and co 12s/2org in terms of this joint memo of compromise, making this as part of the fina1 order.
Facts stated above
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