Against Tee Avsard In Op (Mv) ... vs Haridas : Appellant
2021 Latest Caselaw 4143 Ker

              rN TEE HreE cottRT oF KERAT,A AT ERNArcuLrItt
                                          PRESEI.IT

              TEE EoNouRiaBLE MR. \tttsTrcE T.v.Ar{rr.,K.
                                                                     MAR
   TET'RSDAY, THE O4TE DAY OF FEBRUARY
                                       2O2L                   /   15TE IdAGEA, Lg42
                        tdACA.No.1320 OF 2020 (Fr
   AGAINST TEE AVSARD IN       OP       (MV) L5O6/20L7 DATED 16-09-2019         OF
         MoroR AccrDErflr      crail'ts     TRTBITNAL   ,   rRrN.tAr.aKIrDA

appsLLeNT/ perr rtoNgn     :

               EARTDAS
               AGED   72   YE,ARS
               S/O.             PIASSERY HOUSE, POOI/ATEUSSERY
                      SIVARJATT{AI{,
               DESOM, KAtLttR TEEKKUITA{(IRf VTLLAGE,
               [email protected] p. o., cEArJtrct Dy TAr,t K,
               THRTSSUR DISTRTCT.

              BY ADV. SRI.A.N.SANTEOSE

RESPONDENT,/3RD RESPoNDEI.IT        :

THE NEW IIIDIA ASST'RJA}ICE COMPATiNT IJTD. lST FLOOR, Sld coMpLEX, AI.WA RAID, HIGHWAY fiNCTION AI{cAtrALy 673 572, REPRESEI{EED By rTS IdAIIAGER.

BY ADV. SRI.VI.T' TEOD,'AS BY ADV. ST.f,.M.MEENA JOEN BY ADV. SI.fT.MIKHIYA AI{NA VIJU

TEIS !{O':TOR ACCIDE!ilT CI,AIMS APPEJA,L EAVING BEEN FINATIY EEiARD oN 04 -02 -202L, TEE couRT oN TEE sAIrrE DAy DELTVERED TEE FOLLO9IING:

M.A.C.A.No .L320/2020 :-2-z

Dated this the 4th day of February, 2O2L

iIUDGMENT The parties to this appeal settled the maLter and submitted a j oint statement dated 25 .0I .2020 reducing the terms of compromise j-n wri-tinq.

2. I heard the learned counsel- appearing on

both sides and am satisfied that the compromise

made is voluntary. The compromise is accepted.

In the result, this appeal is disposed of in terms of compromise. In the event of the amount payable as per the award is not paid within time, it will be open to the appellant to execute the award of compromise in accordance with 1aw. The

j oint statement dated 25 .07 .2020 wil-l- f orm part of this j udgment .

Al-1 pendj-ng i nte rlocuto ry appfications are closed.

sd/_ T.V.AI{IIJKUI'IAR JI'DGE aml- / tv

BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM

M.A.C.A.No. 132012020

Haridas : Appellant v9.

The New India Assurance Company Ltd Respondent

JOINT STATEMENT FILED BY THE APPELLIINT AND TIIE RESPONDENT

1. The above appeal is filed against the award in O.P(MV) No. 150612017 dated 1619l2O19 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The original petition is filed by the appellant claiming compensation in respect of the personal injuries sustained by her in a road traflic accident occurred on I 19/612017 aI about 9.00 am while the appelliant was riding an electric scooter through Aluva-Annamanada and when he reached near Poovathussery a scooter bearing No. KL-63-8141 came in a rash and negligent manner and knocked down the appellant. The Tribunal had granted Rs. 2,583AA1- as compensation along with interest @ 8o/o p.a. from the date of claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since tJre 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 appellant and the respondent.

    Appellant        :



    Haridas

    Respondent:
                         \w

The New India Assurance Company Ltd

I i

,' 4::

t5

2. The appellant above named and the respondent have negotiated the matter out of court and willingly arrived at a compromise settlement in full and {inal settlerment of all the claims of the appellant against the respondent arising out of the eiccident and the original petition mentioned above. It is agreed that the respondent insurance company shall pay an additional amount of Rs. 1,15,000/- (Rupees One lakh Fifteen Thousand Only) inclusive of all interest and cost to the appelllant by way of full and final settlement of all the claims of the appellant againLst the respondent.

3. The respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from the date of receipt of a copy of the judgrnent from the Honble High Court, in case of default as stated above the a respo,ndent is liable to pay interest @ 8o/o from the date of defaulter.

4. Ttrere is no threat coercion or undue inJluence in arriving at the above settlement. This settlement will form part of the judgment of the Honble High court of Kerala.

Dated this the 25tr' day of January, 2O2A Appellant : ,i'1r;ur \::m=rr 4r. ftr.

                                     ;          . , on
                                                       [j,,r..:tf of   ._

Harid.as \\)€f _                     l:   .:   r.e .v   lncr, r.:slrance
             r)----                                                         t_lry2' -"
                                                                         Fgnp;ny Ltd.

Resp,on{sn1; The New India Assurance compart ffi?rrrfi;rrilil;T

Counsel for the Appellant Counsel for the respondent