Kerala High Court
Parties Have Settled Their ... vs Unknown on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HOM)URABLE MR.JUSTICE SATHTSH NTNAN
THURSDAY, THE 28TH DAy OF IANUARY 2q2U8TH MAGHA, L942
M.A.C.A.No.2884 OF 2018(A)
(AGAINST THE AWARD DATED 28-07-2017 IN Op(MV)No.SB4l2OLs
OF THE ADDL. fIIOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA)
APPE L LANT/ PETITIONE R :
ALVItrl JOllN, AGED 2E YEARS, S/O. f,()ttt{,
VALAYIL HOUSE, N]ARALLOOR KARA,
KTZHAKKAMBALAM VTLLAGE,
NO!{ RESIDING AT KAROTTUKUI{IIEL }K)I'SE,
WARD [rlO.VI, HoUSE 1t10.204,
KTJMITRAMATIIGALAM VI LLAGE,
KUMARAMANGALAM KARA, PIN- 685 608
BY ADVS.
SRI.MATHEWS K.PHILIP
SMT,T.MANASY
RESPONDENTS/RESPONDENTS :
L Atfu PAULj A6ED 26 YEARS,
PUTHUSSERY HOUSE, NJARALLOOR KARA,
KIZHAKKAfT'IBALAM, ERMKULAFI. 583 562
2 BASIL PAUL, S/O.PAULOsE, PUTHUSSERY HOUSE,
NJARALLOOR KARA, KIZHAKKAMBALAM VILLAGE- 583 552.
BHARATHT AXA GENERAL INSURAI{CE COI'IPANY LIMITED,
METROPLAZZA, 2ND FLOOR I{O.152, ANI{A SALAT,
CHENNAI. 6g0 OO2.
R3 By ADV. SRr.R.AlrTH KtilAR (128184)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 28.07.2927, THE COURT 0N THE SAME DAy DELTVERED THE
FOLLOhTII|G:
M.A.C.A.No .2884 oF 2o18(A)
JUDGMENT
Parties have settled their disputes amicably.
They have filed a joint statement inconporating the
terms of settlement. The Appeal is of in
disposed
terms theneof. The joint statement filed by the
appellant and the 3"'r respondent will form pant of the
Judgment. In vlew of the above, respondents 1 and z
are deleted from the array of parties.
sd/-
SATHISH NTNAN
]UtreE
s5
.$I
v(7' Presentecl on: tA lr /aoal
, BEFORE THE HONOURABLE FIIGH COURT OF KERALA
AT ERNAKULAM
MACA No. 2884 t 2018 h
Alvin John : Appellant
Vs.
l. Anu Paul
2. Basil Paul
3. Bharathi Axa General Insurance
, Company Ltd Respondents
Joint Statement filed by the Appellant and the 3'd Respondent.
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Ru,"*oK},,
Counsel for the appellant
fi\ Adv. Mathews K. Philip
:
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Counsel for the 3'd respondent :
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Adv. Aiith Varma
fffi-tRY
AITTM
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BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
MACA No. 2884 I 2018
Alvin John : Appellant
Vs.
1. Anu Paul
2. Basil Paul
3. Bharathi Axa General Insurance : Respondents
Joint Statement filed by the.Appellant and the 3'd Respondent.
1. The above appeal is filed against the award dated 28.7.2017 in
O.P.(MV) No. 58412015 of the Additional Motor Accident Claims
,a
is filed by the
Tribunal-I, Thodupuzha. The original petition
appellant claiming compensation in respect of the injuries
sustained by him in a motor vehicle accident which occurred on
20.9.2015 involving the Motor cycle bearing registration No. KL-
40K 9427 insured with the 3'd respondent. The Tribunal had
granted Rs.4,94,600/- as compensation along with interest @ 9Yo
p.a. from 2.12.2015. It is challenging the quantum of
compensation that the above appeal is filed. Since the 3'd
respondent had admitted the coverage of the insurance policy in
ll respect of the offending vehicle, the liability to pay the
compensation is on the 3'd respondent. Hence the settlement is
arrived at between the appellant and the 3'd respondent.
2. The appellant above named and the 3'd 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'd respondent arising out of the accident and
For BhartiAXA General I
:
t',ff'ffi W
,1,; r* Respondent :
Bh.av rhi Ax a G e rtrgh?h
slttldflJlErg
the original petition mentioned above. It is agreed that the 3'd
respondent shall pay an additional amount of Rs.1,40,000/-
(Rupees One Lakh and Forty 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'd
respondent.
3. The 3'd respondent hereby agrees to transfer by way of NEFT the
above amount of Rs.I,40,0001- (Rupees One Lakh and Forty
thousand only) within a period of 30 days from the date of receipt
of 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
t,
No.18240100069006, Federal Bank, Vengola Branch, Guardian
Angel care charitable Society Arakkapadi village, Ernakulam
District, Pincode : 683556, N4ICR Code: 683049054 IFSC Code:
FDRL000 1824.
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.
,l
Dated this the 4'h day of lanuary, 202I.
Appellant : Alvin John Adv. Mathe
Countrgf,fgEffiqppeHerq-
For BhartiAM General Insurance Co.Lid. novocnrE K/129t1e86
gbi3oo, Manorama Junctron
l-.tiGrt Roqo' Cochin'-1 e
''-Cn', zgzr122' 23161 gF
3'd Re$$Eff8Bfitiq Mn**n Adv. Ajith Varma. '\&uvuz:
Axa General Insurance Company counsel for the 3'o respondefi{
