Kerala High Court

Gautam Raj vs John Philip on 12 August, 2021

IN THE BIGH COURT OF EERALA AT ERNARULAM
PRESENT
THE HONOURABLE MR. JUSTICE ¢.8 ITAS

THURSDAY, THE 12°" DAY oF AUGUST 2021 / 21ST SRAVANA, 1943

MACA NO. 873 OF ols

ASAINST THR AWARD DATED 09.12.2013 IN OP (MV) NO. 1644/2010 oF

MOTOR ACCIDENT CLAIMS TRIBUNAL . ERNAKUGAM.

PETITIONER /SAPPRLLANT :

 

GAUTAM RAJ,

AGED 23 YEARS,

SO DSVERAT,

THURDIPARAMBIL HOUSE,

PURANCHAL ROAD, MANGUMMET,

ERNARULAM, NOW RESIDING AT 'BARTTRA:',
BERING PACHALAM PETROL POMP, PACRALAM,
EENARULAN.

BY ADVS .SRY .P. PAZIR
ST . JAYASREE MANOS
SEL .JITSIN BAUR VARGEESS
SMT .M. BRRIVANKA
SEI .VINGE VALLIRAPDAN

RESPONDENTS ( RESPONDENTS ;

GQORN BPRILIF,

AGED 26, 8/O.PHILIS JOSEPS, PUTEENCHIRA ROUSE .

HOUSE NO. 26/1523 03), TRANARAPARAMEY , QSREERANDESWARAM , TRIVANDRUM- SS5004 .

TSE NEW INGA ASSURANCE CO.DES. , LAZAR, &§.8.OO0IR ROAD, TRAMBANOOR , TRIVANDRUN~ 68500)

BY ADY UESSY GEORGE

THIS MOYOR ACCIOENT CLAIMS APPEAL BRAVING COME UP FOR ADMISSION ON 12.08.2021, TRS COURT ON THRE SAME DAY DELIVERED TRS FOLLOWING :

RAC ARG ST SP SOR8

Dated this the 12" day of Aucust, 2021 LU RDGMENT

it is submitted by the learned counsel appearing for the appellant and the learned counsel appearing for the second respondent that the subject matter in dispute between the parties has been settled, as per the conditions in the joint statement dated 09.08.2021,

2. 1 have perused the joint statement executed by the parties and counter-signed by the respective counsel, and found the same to be in accordance with law,

In the result, the appeal is alowed in terms of the joint statement dated 09.08.2021, which shall form part of the judgment.

All pending interlocutory applications will stand closed.

C.S.DIAS, JUDGE

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Presented an. 008.2021

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4. John Philip

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Respondents

JOINT STATEMENT FILED BY THE APPELLANT AND THE 2° RESPONDENT

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BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM

M.A.C.A. No. 873 of 2016 Gautam Raj : Appellant Vs.

1. John Philip

2. The New India Assurance ¢ _ Respondents

Company Lid.

JOINT STATEMENT FILED BY THE APPELLANT AND THE 2° RESPONDENT

4. The above appeal is filed against the award dated 09.12.2013 in O.P. (MV) No. 1644 of 2010 of the Motor Accidents Claims Tribunal, Ernakulam. The original petition is filed by the appellant clairiing compensation in respect of the injuries sustained by him in a motor vehicie secident which occurred on 31.07.2008 at about 7.30 pm, while he was walking through Coimbatore -- Pollacht Main Road involving the motor cycle bearing registration No. KL-O1- AU-3251 drivan by the 1° respondent and insured with the 2° respondent.

9 The Tribunal awarded a compensation of Re. (14, 500!- together with interest @ 6% p.a. from the date of petition Hf realization with proportionate costs from respondents 1 and 2. Challenging the quantum of compensation awarded by the tribunal, the above appeal 's filed. Since the 2° respondent had admitted the coverage of the insurance policy In respect of the offending vehicle, the liability to pay the compensation is on the 2" respondent. The 1 respondent was exparle before the Tribunal and there is fo appearance by him before this Hon'ble Court. Hence the settlement

is arrived at between the appellant and the 2 respondent.

Ouly Constitulsd Attorney

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3. The appellant above named and the 2™ respondent have negotiated the matter out of court and wilingly arrived at a compromise settlement in full and final settlement of all the claims of the appellant against the 2° respondent arising out of the accident and the original petition mentioned above. Ris agreed that the 2" respondent shall pay an additional amount of Rs.88,400/- (Rupees Eighty Eight Thousand and Four Hundred only) inclusive of all interest and costs to the appellant by way of full and final satiement of all the claims of the appellant against the 2° respondent

4, The 2" respondent hereby agrees fo transfer by way of NEFT the above amount of Rs.88,400- (Rupees Righty Eight Thousand and Four Hundred only) within a period of 30 days from the date of receipt of the copy of the judgment from the Hon'ble High Court, fo the following bank account of the appellant, the details of which are declared/affirmed by the appellant as under - Account No. 499401503297, ICIC] Bank Limited, Kochi NH Byepass Branch, IFSC HCICO0O1951, on condition that the appellant shall provide a true copy of his Aadhaar card, PAN Card to the 2 respondent within 10 days from the dale of receipt of copy of the judgment from the Hon'ble High Court for enabling the 2° respondent to deduct the applicable TDS if any.

5, There is no threat, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at

the settlement either.

We humbly pray that this Hon'ble Gourt to racord this

joint statement and to pass judgment in terms thereof.

Oated an this the 9 day of August, 2021

Sor and on Behalf oh-

THE NEW INDIA ASSURANCE a LTR.

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Gautam Raj Appellant For and on Behalf ae -

THE NEW INDIA AS RANCE OO.LTD

ae ie ted Ablorney

The New India Assurance Company Limited 2" Raspondent

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Adv.P Fazil Counsel for the appellant

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Ady. Jessy Sey George Counsel for the 2° Respondent

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BEFORE THE HON' BLE HIGH COURT OF KERALA, AT ERNARULAM

LA. Ne. ef 2021

"Modena etd beg

M.A.C.A. No. 873 of 2016

Gautam Raj : Petitioner / Appellant Vs.

1. Jahn Philp

2. The New India Assurance ' Respondents / Company Lid. _ Respondents

VERIFIED PETITION FILED BY P.PAZIL, ADVOCATE, . COUNSEL FOR PETITIONER/ APPELLANT.

(Fen Ue te OF ClUle PERCEDUBE COOE }

L. Pam the Coursel for the appellant in the above MACA

and I am conversant with the facts of the case.

2. The above appeal is filed against the award dated O8.12 2013 in O.P. (MV) Noe. Toss of 2010 of the Motor Accidents Claims Tribunal, Ernakulam. Now the matter is settied between the Appellant/Claimant and 254 respondent New India Insurance Company Limited. The first respondent WAS exX-parte before the tribumal and there is no appearance

lor the respondent before this Hon'ble Court.

3, In view of the settlement arrived at between Appellant

and 2st respondent insurance company, the terms of

settlement are reduced into a joint statement dated 9.8.2021

and the same is fled before this Hon'ble Court.

4. in the circumstances, itis most hurnbly praved that this

Hon'ble Court may be pleased to accept the Joint Statement

filed by the Appellant and 2°4 respondent to the file and a

judgment may be passed in terms of the settlernent, Otherwise the appellant will be put to irreparable injury and logs.

Dated on this the 11® day of August, 2021 &

e . BN Po SEN ee oe a Ady. P. Pazil Counsel for the Petitioner {Appellant

All what is stated above are true and correct to the best