Kerala High Court
Unknown vs The New India Assurance Company ... on 4 February, 2021
IN THE HIGE COT'RT OF KERAI,A AT ERNAIiUIJAI{
PRESET{T
TEE EONOI'RABLE MR. d'I'STICE T.V.A}ITLKUI{AR
TET'RSDAY, TEE O4TH DAY OF FEBRUARY 2O2L / 15TE }.!AGEA, Lg42
MACA.No.1276 OF 2020 (B)
AGAINST TEE AIilARD IN OP (M\/) L366/20L7 DATED 28.09.2019 OF
MOTOR ACCfDENT C&Aff'tS TRfBITNAIJ, PERITMBAVOOR
APPELLAI{T/ PETTTIOIIER :
ISSAC BENFIEI,D
AGED 56 YE,ARS
S/O. iIAII{ES, \ZELTKAKJATE HOUSE, \/YSERY DESOM,
\ZETTII.APAR]A P. O. -680 72L .
AADEAR NO.8803 5081 L470.
BY ADV. SRr.A.N. SENTEOSE
RESPONDEIIT/3RD RESPONDENT :
TEE NEW IIIDIA ASST'RA}ICE COMPAIVY LTD
KODAVATH SHOPPING COMPLEX, SttB \tArL ROAD, ALUVA-
683 101, REPRESEIiTTED By rTS BRAITCH IIAI{AGER.
BY ADV. SRT.VIJU TEODdAS
BY ADV. SIf,.M.MEENA JOEN
BY ADV. SI,$.MIKEIYA AIINA VIJU
TETS MOTOR ACCIDEI.TT CLAI}ISI APPEJAIJ EAVING BEEN FITiIALLY
EEJARDON 04 .02.202L, TEE COI'RT ON TEE SEI.'E DAY DELIVERED TgE
FOLLOWING:
M.A.C.A.No.L276/2020
z-2-z
Dated this the 4ttt day of February , 2O2L
,fUDGMENT
The parties to this appeal settled the matter
and submitted a j oint sLatement dated 25 - 0t .2020
reducing the terms of compromise in writing'
2. I heard the learned counsel appearing on
both sides and am satisfied that the compromi-se
made is voluntary. The compromise is accepted'
In the result, this appeal is disposed of in
terms of compromise. In the event of the amount
payable as per the award is not paid within time'
it will_ be open to the appellant to execute the
award of compromi se j-n accordance with law ' The
j oint statement dated 25 .07.2020 will form part of
this j udgment .
Atl pending interlocutory appfications are
closed.
sd/_
T . V. AI{ILKUT{AR
,lItDeE
am:- /
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,X'* {y "'9 )Y-
Pre.On:1kl ol 12021 "$-
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BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKUI.AM
M.A.C.A. No. 12761202A
lssac Benfield : Appellant
Vs.
The New India Assurance Company Ltd : Respondent
JOINT STATEMENT FILED BY THE'APPELL/INT AND THE RESPONDENT
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^rT
o/
A.N.Santhosh (S-190)
Counsel for the appellant
*
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BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM
M.A.C.A.No. 127612020
lssac Benfield Appellant
The New India Assurance Company Ltd Respondent
JOINT STATEMEITT FILED BY THE APPELL/TNT AND THI RTSPONDENT
1. The above appeal is filed against the award in O.P(MV) No. 1366/2017 dated
28/9 /2019 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The
original petition is filed by the appellant claiming compensation in respect of the
personal injuries sustained by him in a road traffic accident occurred on
6l3l2Ol7 at about 11.30 pm while the appellant was sitting in the car bearing No.
KL-64-1199 at Athirappilly and at that time, a car bearing No. KL-47-F-5132 came
in a rash and negligent manner and hit upon the case. The Tribunal had granted
Rs. 4,14,281/- 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 the respondent had admitted the coverage of the insurance
pohcy 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.
t Appellant :
Issac Benfield DlJ'd'
Respondent: The New India Assurance Company Ltd
For and on Behalf of:-
THE NEW INDIA ASSURANCE CO. LTD.
wffi
Duly Constitr.rted /,1
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 final
settlement of all the claims of the appellant against the respondent arising out of
the a.ccident and the original petition mentioned above. It is agreed that the
respondent insurance company shall pay an additional amount of Rs. 1,45,000/-
(Ruprees One L,akh Forty Five 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
agairrst the respondent.
3. The respondent hereby agrees to deposit the above amount before the
Triburnal 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
t
respondent is liable to pay interest @ 8o/o from the date of defaulter.
4. There is no threat coercion or.,,undue in{luence in arriving at the above
settlerment. This settlement will form part of the judgment of the Honble High
courl. of Keralia.
Dated this the 25th dav of Januarv. 2O2O
Appellant :
Issac Benfield
BtHd
Respondent: The New lndia Assurance Company Ltd
For and on Behalf of:-
THE NEW INDIA ASSURANCE
CO. LTD.
[email protected]\* \L -rv \
ly Cof stit
Counsel for the Appellant
w,# Viju Thomas
Counsel for the respondent
