Kerala High Court
Ambily C.K vs The New India Assurance Company ... on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7™ DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
MACA NO. 3783 OF 2621
AGAINST THE AWARD DATED 67.69.2021 IN OPMV 466/26017 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL , KOTTAYAM
APPELLANT/PETITIONER:
AMBILY C.K.
AGED 56 YEARS
W/O.SURENDRAN NAIR, CHERKKAYIL HOUSE, VADAKARA P.O.,
VELLOR VILLAGE, KOTTAYAM DISTRICT, PINCODE - 673 101.
BY ADVS.
MATHEWS K.PHILIP
T.MANASY
MINISHA K DAS
RESPONDENT/S3RD_ RESPONDENT :
THE NEW INDIA ASSURANCE COMPANY LIMITED
REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL
OFFICE, KOTTAYAM - 686 602.
BY ADV RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 3783 OF 2021 2
JUDGMENT
The appeal is filed by the petitioner in O.P.(M.V)
No.406/2017 on the file of the Motor Accidents Claims
Tribunal, Kottayam, seeking enhancement ' of
compensation.
2. On the suggestion made by this Court, the
appellant and the respondent agreed to explore the
possibility of settling their dispute through direct
negotiation.
3. Pursuant to the settlement talks held in this Court,
the above parties have arrived at an amicable settlement
as per the terms and conditions in the Joint Statement
dated 31.03.2022, signed by the parties and counter
signed by the respective counsel.
4. I have perused the Joint Statement dated
31.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable, and
that the settlement is in accordance with law.
°. In the result, the appeal is allowed as per the
terms and conditions in the Joint Statement dated
31.03.2022, which shall form a part of the judgment.
6. This Court places on record its appreciation for
both the appellant as well as the respondent - insurer in
harmoniously settling the dispute and putting an end to
the litigation, and also for saving the precious judicial
time.
Sd/-
C.S.DIAS
JUDGE
rmm/07/04/2022
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
MACA No. 3783 / 2021
Ambily C.K. : Appellant
Vs.
The New India Assurance Company
1,
Limited : Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND THE
RESPONDENT
The above appeal is filed against the award dated 7.9.2021 in
O.P.(MV) No. 406/2017 of MACT Kottayam. The original petition
is filed by the appellant claiming compensation in respect of the
injuries sustained by her in a motor vehicle accident which occurred
on 25.9.2016 involving the Motorcycle bearing registration No. KL-
07-BS-9565 insured with the respondent. The Tribunal had granted
a sum of Rs.1,94,530/- as compensation with from the date of
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 liability to pay the compensation is on the respondent. Hence
3 oe fe oq eremr urrateay a fe.
% 4
fr : on Behalf of :-
i ow India Assurance aks Ltd.
. far: pln
| an Duly Constiuices ANU ey
AO A wah
to. --aT
Appellant : °. Respondent : The New India
_ Assurance Company Ltd.
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 respondent shall pay
an additional amount of Rs.30,560/- (Rupees Thirty Thousand Five
Hundred and Sixty only) with interest at the rate of 5% from the date
of petition to the appellant by way of full and final settlement of all
the claims of the appellant against the respondent.
3. The respondent hereby agrees to transfer by way of NEFT the above
amount of Rs.30,560/- (Rupees Thirty Thousand Five Hundred and
Sixty only) with interest at the rate of 5% within a period of 30 days
from the date of receipt of the copy of the judgment from the
Honourable High Court, failing which the said amount will carry 6%
interest from the date of default.
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.
It is therefore prayed that this Honourable Court to record this joint
statement and to pass a judgment in terms thereof.
Dated this the 31° day of March, 2022.
een
Appellant : Ad wl Advocate : Mathews K. Philip
----a
Ambily C.K.
Counsel for the appellant
F menalf of :-
1. _ india ASSUrANce joe Ltd.
far: a : 7 4
Une Consiivicd AdvineYy
Adv. Rajat P. Kalliyath
. sel for the respondent
