Stanly Fernandaz vs * 1 Binu
2021 Latest Caselaw 3388 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942
MACA.No.332 OF 2020(D)

AGAINST THE AWARD DATED 10/10/2019 IN OPMV 833/2016 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM

APPELLANT /BETTPIONER :

STANLY FERNANDAZ,

AGED 63 YEARS

$/O.WILFRED FERNANDAZ, RAJANI NIVAS, KADAMAMCHIRA
BHAGOM, THRIKKODITHANAM VILLAGE, CHANGANACHERRY, PIN-
686 105.

BY ADV. SRI.JOSSY KURIAN
RESPONDENTS /RESPONDENTS :

* 1 BINU,
S/O.KUMARAN, KOCHUPARAMBIL HOUSE, THRIKODITHANAM
P.O., CHANGANACHERRY, PIN- 686 105. ( DELETED)

*. 2 CHACKO PHILIPOSE,
CHALAPARAMBIL HOUSE, KOTTAMURY P.O., CHANGANACHERRY,
PIN - 686 101. (NO MORE).
( DELETED)

3 NEW INDIA ASSURANCE COMPANY LIMITED,
KOTTAYAM, PIN - 686 002.

* 4 PHILIPOSE,
CHALAPARAMBIL HOUSE, KOTTAMURY P.O., CHANGANACHERRY,
PIN - 686 101. ( DELETED)
 

MACA.No.332 OF 2020 (D) ~2-

* [RESPONDENTS 1, 2, AND 4 ARE DELETED IN THE PARTY ARRAY AS PER
ORDER DATED 03/12/2020 IN I.A. NO. 1/2020 IN MACA 332/2020]

R3 BY ADV. SRI.VIJU THOMAS
R3 BY ADV. SMT.M.MEENA JOHN

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
 

SATHISH NINAN, J.

EES ee ee
_--_--_-- EOE eS ES eee

Dated this the 29" day of January, 2021

JUDGMENT

Pending the appeal, the parties have entered into a settlement. They have executed a joint Statement incorporating the terms of settlement. The appeal is disposed of in terms thereof. The joint statement with the terms will form part of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

/{True Copy//

PS. to Judge

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resented On: ) , | o>) |

% \ BEFOR THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM MACA. No. 332 of 2020 Y)

Stanly Fernandaz : Petitioner/ Appellant Vs New India Insurance Company Ltd : Respondent/ Respondent ~ (Af kee 0) Cpr

JOINT STATEMENT FILED BY THE APPELLANT AND RESPONDENT

-BEFOR THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM MACA. No. 332 of 2020

Stanly Fernandaz -- : Petitioner/ Appellant Vs New India Insurance Company Ltd : Respondent/ Respondent

JOINT STATEMENT FILED BY THE APPELLANT AND RESPONDENT

The above appeal is filed against the Award dated 10.10.2019 passed by the Motor Accident Claims Tribunal, Kottayam in OP ( MV) No. 833/2016. The Original Petition is filed by the Appellant claiming a compensation in respect of the accident sustained to him in a road traffic accident occurred on 24.02.2015 at about 4.30 P.M. On that day the appellant was standing on the footpath, northern side of the Changanassery - Vazhoor road near St. Marys Church, Parayal, Changanassery. While he talking with his friend, a scooter bearing Registration No. KL- 33 -D 7189 coming from west east direction rided by the 1st respondent before the Tribunal, very rash and negligent manner with exorbitant speed hit on the appellant and sustained very serious injuries to the appellant. The tribunal granted only Rs.1,05,700/- as compensation along with interest @ 9% per annum from the date of claim petition ie on 23.06.2016. 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 liability to pay the compensation is

on the respondent. Hence the settlement is arrived at between, the os oy er EG UA.

appellant and respondent. Lr Foren a Rata! als ca Company Lt Appellant Respdndent ine? "eee ons

ern Duly Constituied ALOT Stanl ndéez New India Insurance Co.Ltd

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The above named appellant 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 respondent Insurance Company shall pay an additional amount of Rs. 1,48,300/- towards principle amount and Rs. 26,694/- towards interest and which is rounded to Rs. 1,80,000/- ( One Lakh Eighty Thousand Rupee only) to the appellant by way of full and final settlement of all the claims of the appellants against the respondent.

The respondent hereby agrees to deposit the above amount of Rs180,000/- ( Rupee one lakh eighty thousand only )before the tribunal within a period of two months from the date of receipt of a copy of the judgment from the Hon'ble High Court, in case of default as stated above the respondent is liable to pay an interest @ 8% from the date of default.

There is no threat or coercion or undue influence in arriving at the above settlement. This settlement will form part of the judgment of the Hon'ble High Court of Kerala.

Dated this the 4» day of January 2021

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Appellant Respondent... "you wes Hegenm Ltd.

LW Stanly andez

Counsel for the Appellant

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Jossy Kurian Viju Thomas .