Kerala High Court
Arun Ulahannan vs * I Ajeesh Sebastian on 19 January, 2021
~
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
MACA.No.109 OF 2019 (EB)
AGAINST THE AWARD IN OPMV 102/2016 DATED 21-10-2017 OF
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL-II THODUPUZHA
APPELLANT /CLAIMANT :
ARUN ULAHANNAN
AGED 24 YEARS
§/Q. ULAHANNAN, KATTAMKOQTTIL HOUSE,
KALLOORKKAD VILLAGE, MARUTHOOR KARA,
MARUTHOOR BHAGOM, MARUTHOOR P.O.,
MUVATTUPUZHA TALUK
BY ADVS.
SRI .MATHEWS K. PHILIP
SMT .T.MANASY
RESPONDENTS /RESPONDENTS :
* i AJEESH SEBASTIAN
KUMPLANKAL HOUSE,
THOPRAMKUDY P.O.,IDUKI-685 609
* 2 JOSTIN THOMAS
S/O. N.J.THOMAS, NELLIKUNNEL HOUSE,
94 KARA, 94 BHAGOM, VELLIYAMATTOM VILLAGE-685 588
3 UNITED INDIA INSURANCE COMPANY LIMITED,
REP.BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE,
MUVATTUPUZHA-686 661
* [RESPONDENT NOS.1 AND 2 ARE DELETED FROM THE PARTY ARRAY AS
PER JUDGMENT OF THIS COURT DT. 19.01.2021]
R3 BY ADV. SMT.R.REMA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
"9
SATHISH NINAN, J.
Dated this the 19" day of January, 2021
JUDGMENT
This appeal is by the second defendant before
the Tribunal. The appeal is filed seeking
enhancement of compensation of the award amount.
2. Pending the appeal, the appellant-claimant
and the third respondent-Insurance Company have
arrived at a settlement. They have filed a joint
Statement. The appeal is disposed of in terms
thereof. The joint statement dated 15.12.2020 will
form part of this judgment. Respondents 1 and 2
being unnecessary parties are deleted from the
party array.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
we)
oe
Ap Presented on: 7- /* ed}
BEFORE THE HONOURABLE HIGH COURT OF KERALA
_ AT ERNAKULAM
MACA No. 109 / 2019
Arun Ulahannan : Appellant
Vs.
1. Ajeesh Sebastian
2. Jostin Thomas
3. United India Insurance Company Ltd : Respondents
Joint Statement filed by the Appellant and the 3 Respondent.
--_--
Counsel for the appellant :
Adv. Mathews K. Philip
Counsel for the 3" responden ie
Adv. Rema R. .
* a "
GRen''
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
MACA No. 109 = / 2019
Arun Ulahannan : Appellant
Vs.
1. Ajeesh Sebastian
2. Jostin Thomas
3. United India Insurance Company Ltd --: Respondents
Joint Statement filed by the Appellant and the 3" Respondent.
1. The above appeal is filed against the award dated 21.10.2017 in
O.P.(MV) No. 102/2016 of the Additional Motor Accident Claims
Tribunal-H, Thodupuzha. The original petition is filed by the
appellant claiming compensation in respect of the injuries
sustained by him in a motor vehicle accident which occurred on
«27.11.2015 involving the Motor cycle bearing registration No.
KL-06 G/875 insured with the 3" respondent. The Tribunal had
granted Rs.5,75,850/- as compensation along with interest @ 9%
p.a. from 29.2.2016. It is challenging the quantum of
compensation that the above appeal is filed. Since the 3"
respondent had admitted the coverage of the insurance policy in
respect of the offending vehicle, the liability to pay the
compensation is on the 3" respondent. Hence the settlement is
arrived at between the appellant and the 3" respondent.
2. <The appellant above named anid the 3" 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 3™ respondent arising out of the accident and
#
ARUN PN
qe - N PON.
Appellant : 3 Respondent': wearer / Manager
Arun Ulahannan United India Insurance .
_
a
the original petition mentioned above. It is agreed that the 3"
respondent shall pay an additional amount of Rs.3,10,000/-
(Rupees Three lakhs and Ten thousand only) inclusive of all
interest and costs to the appellant by way of full and final
settlement of all the claims of the appellant against the 3"
respondent. 7
3. The 3" respondent hereby agrees to transfer by way of NEFT the
above amount of Rs.3,10,000/- (Rupees Three Lakhs and Ten
thousand only) within a period of 30 days from the date of receipt
cof the copy of the judgment from the Honourable High Court, to
the following bank account of the appellant, the details of which
are declared/affirmed by the appellant as under Account
No.67153133722, State Bank of India, Kalloorkad Branch,
Muvattupuzha, Branch Code : 70204, IFSC Code: SBIN0070204,
MICR Code:686002897. 7
4. 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 request this Honourable Court to record this joint
statement and to pass a judgment in terms thereof.
Dated this the 15" day of December, 2020.
Yeo
Appellant: Arun Ulahannan -Adv. Mathews K. Philip
Counsel for the appellant
MATHEWS K. PHIL'P
ADVOCATE K/1 29/1986
38/360, Manorama Junction
7 " ON. Karithala Road, Cochin - 16
" ee / Manager Ph : 2321122, 2316188
3™Respondent : M/s United Adv. Rema R.
~ India Insurance Company counsel for the 3™ respondent
