Mukesh vs Sriram General Insurance Company ...
2022 Latest Caselaw 12342 Ker

                   IN THE HGH Count oF REEthln ziT EEunKulAM
                                         PRESENT
                   TEb= E[ONOURABLE MR.         JUSTICE SATE[ISH NINAN

       mlDA¥, Tin 23RD rmr oF DEcrmER 2o22 / 2ND pousHA, 1944
                                 incA No. 124 oF 2017
 AGnlNST THE rmRD IN op(Mv) .No.1622/2oll DATED 21/4/2ol6 oF icoTOR
                    AcclDENT clLAIrs TRIBtINAI, , pERIneA:`rooR
APEmal,ILANT/pETITloNER:

              MUKESH
              S/O. DEVANDRAN, CHITTOOKKARAN HOUSE,                CABLE NAGAR,
              KARUKUTTY P.O. , ANGAMAljY.


              BY ADV SRI.A.N.SANTHOSH




REspONDEINT/ 3RI] REsporil>ENT :

              SRIRAM GENERAL INSURANCE COMPANY LTD.
              AZAD TOWER, AMMAN KOVIL ROAD, ERNAKULAM-682035.


              BY ADVS.
              SRI . P . JACOB MATHEW
              SRI.MATHEWS JACOB SR.




      THIS    MOTOR       ACCIDENT     CLAIMS     APPEAL    HAVING       COME   UP   FOR

ADMISSION     ON   23.12.2022,   THE   COURT    ON   THE   SAME    DAY   DELIVERED   THE

FOLLOWING :
 Inch No. 124 oF 2oi7




                             Sathish Ninan, J.

                         MACA No.124 of 2017

             Dated this the 23rd day of December, 2022

                                  JUDGMENT

Pending the appeal, parties have settled the disputes

amicably. They have filed a ].oint statement to the said

effect. The terms of compromise have been stated therein. A

modified award is passed in terms thereof . The joint statement

will form part of the ].udgment.

Sd/-

Sathish Ninan, Judge rsr Presented on : 14-12-2022

EffiE E-CA NO : CA-2022-018867

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Of Year 2022

In

MACANo.124/2ol7 A

MUKESH Appellant

Vs

SRIRAM GENERAL INSURANCE Respondent COMPANY LTD.

_TOINT STATEMENT FILED BY THE APPELIANT PONDEN

Copy served to respondent

Sd/-

E-VERIFIED A.N.SANTHOSH S-190

FS0 VERIFIED40 Presented on : 14-12-2022

BEFORE THE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAM 0f Year 2022

ln

MACA No.124#017

MUKESH Appellant

V/S

SRIRAM GENERAL INSURANCE : Respondent COMPANY LTD.

                                         INDEX
     SL Contents                                                                 Page Nos

     1   J£[sToSNTDAEE¥ENT : JOINT STATEMENT FILED BY THE APPELI.ANTAND THE      1.2

                                                                              Sd/-
                                                                      EivERIFIED




                                                                                               ®




FSO VERIFIED40

BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM

M.A.C.A.No. 124 of 2017

Mukesh Appellant Vs.

Sriram General Insurance company Ltd : respondent

±IQINT STATEMENT FILED BY THE APPELENT AND THE REPONDENT

1. The above appeal is filed against the award in O.P(MV) No.1622/2011 dated

. 21/4/2016 on the ffle of the Motor Accidents claims Tribunal, Perumbavoor. The original petition is filed by the appeuant claiming compensation in respect of the personal injuries sustained by her in a road traffic accident occurred On 29/10/2011 at about 1.30 pin while the appellant was riding a motor cycle bearing No. K1-63-2280 through Moovattuppuzha-Ernakulam Road and when he reached near Kadathi, a car bearing registration No. KL38-A-1884 came in a rash and negligent manner and hit upon the motor cycle. The Tribunal had granted Rs. 4,57,808/- as compensation along with interest @ 9°/o 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 liability to pay the

® compensation is on the respondent. Hence the settlement is arrived at between the appellant and the respondent.

a;i:E3±==..-eir-w€ul

f- ehm Coo.r-I ln.`ranoe Co. trd. Respondent: Sriram General Insurance Company Ltd ifertyrty

2. The appellant above named and the respondent have negotiated the matter out of court and willingly arrived at a compromise settlement in fun and final settlement of all the clains 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 sham pa`y an additional amount of Rs. 1,00,000/- (Rupees One Ifakh Only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the clains of the appellant against the respondent.

3. The respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from the date of receipt of a copy of the judgment from the Honble High Court, in case of default as stated above the respondent is liable to pay interest @ 80/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 30th day of November, 2022 ® Appellant : Mukesh

ulREE Respondent: Sriram General Insurance Company Ltd

Co"#-llant 4-_ P. Jacob Mathew Counsel for the respondent *\\t`-'---.`ez';

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