Kerala High Court
Geo vs The New Lndia Assurance Company ... on 4 February, 2021
rN TEE ETGE COURT OF KERAI,A AT ERNAK]UI.AM
PRESENT
TEE HONOURJABLE MR. T.V.A}IILKIUIRR
',STTCE
TEI'RSDAY, TBE O4TE DAY OF FEBRUARY
2O2L / 15TE IIAGEA, Lg42
MACA.No.1185 OF 2020 (Er
AGATNST TEE ASTARD rN oP (M/) 968/20L7
DATED 08_11_2019 0F
MOToR ACCTDENT cIArIi{s rRrBIrNAr,,
TRTNT.TA.LAKUDA
APPELLANT / PE TT T TONER :
GEO
AGED 43 YE.ARS
slo . SEBASTTAI{, KAI{NeMprLLy EousE, K[rMBrDy
DESOM, ALATEUR VrtLAcE, POOVATEUSSERRY p.o.,
cEAr'ArcuDY TALttK' THRrsst R DrsrRrcr-6go
64L.
BY ADV. SRr.A.N. SANTEOSE
TEE NEW rNDIA ASSURAIICE COMPAI.IY tID.
CEAIIDRASEKHARAN NArR srADrt M coMpLEx, pArayeM,
THTRWAIiIANTEAPURAI.{_ 695 O O 1,
REPRESENTED BY TTS MAI{AGER.
BY ADV. SRI.VIi,U TEOD{AS
BY ADV. SI,IT.M.MEENA irOEN
BY ADV. S}S.MrKHrYA AIINA VI.TLI
TETS MOTOR ACCIDENT CIAIMSI APPEJAI EAVTNG BEEN
EEARD oN 04 -o2.2o2L, TEE cottRT oN THE EITiTLY
sAtdE DAy DELr\TERED TEE
FOTTO9IING:
M.A.C.A.No .LL85/2020
z-2- z
Dated this the 4* day of February, 2O2L
,fUDGMENT
The parties to this appeal settled the matter
and submitted a j oint statement dated 25 . Qt .2020
reducing the terms of compromise in writing-
2. I heard the learned counsel appearing on
both sides and am satj-sfied 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 j-s not paid within time,
it will be open to the appellant to execute the
award of compromise i-n accordance with 1aw. The
j oint statement dated 25 . 0I .2020 wil-1 f orm part of
this j udgment .
A11 pending interlocutory applicat j-ons are
closed.
sd/_
T . \/. AI{ILKIU}AR
JI'DGE
aml- /
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM
M.A.c.A.No. l&ftozo
Geo : Appellant
Vs.
The New lndia Assurance Company Ltd : Respondent
.'OINT STATEMENT FILTD BY THE APPELLANT AND THT RESPOITDTITT
1. The above appeal is filed against the award in O.P(MV) No. 96812017 dated
8/ll /2}lg on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The
original petition is liled by the appellant claiming compensation in respect of the
personal injuries sustained by him in a road traffic accident occurred on
613/2017 at about 5.45 pm while the appellant was ridrng a motor cycle through
Moozhikulam-Kurumassery road and when he reached near Moozhikulam a
KSRTC Bus bearing No. KL-15-7178 came in a rash and negligent manner and
knocked down the appellant. The Tribunal had granted Rs. 8,06,250/- as
compensation along with interest @ 8o/" 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 liabilrty to pay the compensation is on the respondent.
Hence the settlement is arrived at between the appellant and the respondent.
Appellant :
n
:/
Geo
Respondent: The New lndia Assurance Company Ltd
1,,.1 c';i F f aft* \,n'qta{'q!. h.
Duly Constituted Atlorney
\s
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 accident and the original petition mentioned above. It is agreed that the
respcrndent insurance company shall pay an additional amount of Rs. 2,LO,OOOl-
(Rupr:es Two Lakhs Ten Ttrousand Only) inclusive of all interest and cost to the
appeJl]ant by way of full and final settlement of all the claims of the appellant
againLst tJre respondent.
3. The respondent hereby agrees to deposit the above amount before the
TribuLnal within a period of 2 months from the date of receipt of a copy of the
a
judgrnent from the Honble High Court, in case of default as stated above the
respcrndent is liable to pay interest @ 8/o from the date of defaulter.
4. There is no threat coercion or undue influence in arriving at the above
settlement. This settlement will form part of the judgment of the Honble High
court of Kerala.
Dated this the 25tn day of January,2O2O
y i..,,r .i :;tql qrri,qi|il iir.
Appellant : :{ h.
i ,. .. ; or: ilr:haif of :_
o"'r{" I i;ii irciv Indra A.ssura.\^fW,
ce
fqi,rpa.r;., Lltl.
* W9-.
Resprelfls11; The New lndia Assurance Co
ffim,*m
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\
A.N.Santhosh Viju Thomas
Counsel for the Appellant Counsel for the respondent
