Kerala High Court
Radha vs New India Assurance Company Ltd on 28 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943
MACA NO. 4585 OF 2019
AGAINST THE ORDER/JUDGMENT IN OPMV 1481/2017 OF THE IVTH
ADITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD
APPELLANT/S:
1 RADHA,
AGED 51 YEARS
W/O SETHUMADHAVAN, VALAVUPALAM, CHITTUR P.O.,
PALAKKAD DISTRICT - 678 101.
2 SETHUMADHAVAN (died)
AGED 57 YEARS
S/O PARAMESWARAN , SARADASADAN NALLEPILLY P.O.,
PALAKKAD DISTRICT - 678 553.
3 RAMANUNNI
AGED 26 YEARS
S/O SETHUMADHAVAN, KIZHAKKE HOUSE, VALAVUPALAM,
CHITTUR P.O., PALAKKAD DISTRICT - 678 101.
(THE APPELLANTS 1 AND 3 ARE RECORDED AS THE LEGAL
REPRESENTATIVES OF THE DECEASED SECOND APPELLANT AS
PER ORDER DATED 28.1.2022 IN IA 1/2022)
BY ADV BABY MATHEW
RESPONDENT/S:
NEW INDIA ASSURANCE COMPANY LTD.,
REP BY ITS BRANCH MANAGER, N S TOWERS, NEAR STADIUM
BUS STAND, PALAKKAD -678 013.
BY ADVS.
SRI.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME
UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2
MACA No.4585 of 2019
C.S DIAS,J.
---------------------------
MACA No.4585 of 2019
-----------------------------
Dated this the 28th day of January, 2022.
JUDGMENT
It is submitted by the learned counsel appearing for
the appellants and the learned counsel appearing for the
respondent that the subject-matter in dispute between the
parties has been settled as per the joint statement dated
19.1.2022 signed by the parties and countersigned by the
respective Counsel.
I have perused the joint statement and found the same
to be in accordance with law.
In the result, the appeal is allowed as per the
conditions in the joint statement dated 19.1.2022, which
shall form part of the judgment.
SD/-
Sks/28.1.2022 C.S.DIAS, JUDGE
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BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
M,A.C.A.NO. 4585 / 2019 CL
Radha and others •.. App®llants
Vs.
New India Assurance Co. Ltd ... Respondent
JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT
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JOHN JOSEPH VETTIKAD
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Counsel for the Despondent
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BEFORE THE HON'BLE HIGH C;OURT OF KERALA, AT ERNAKULAM
M.A.C.A. NO.4585 / 2019
Radha and others Appellants
Vs.
New India Assurance Co. Ltd Respondent
' JOINT STATEMENT FILED BYTHE APPELLANTS AND THERESPONDENT
The above appeal is filed by the claim€ints against the award dated 25-07-2019 in O.P. (MV)
No.1481/2017 of lvth Addl. M.A.C.T. Palakkad. The original petition is filed bythe appellants
ny
t claiming compensation for the death of One Krishnanunniin a motor vehicle accident which occurred
on 11 -04-2017 involving a Tempo Vanbearing registration No. KL -70 /A -9268 insured with the
respondent.The Tribunal found that the accident occurred due to the rash and negligent driving
Tempo Van by the 2nd respondent in the original petition. The said vehicle was insured with the
respondent M/s. New India Assurance Cii. Ltd. The Tribunal had granted Rs. 12,45,000/-as
compensation along with interest @ 9% p.a. from date of petition till realizationand directed the
respondent M/s. New lndiaAssurance Co. Ltd. to deposit the amount. It is challenging the quantum
of compensation that the above appeal is tiled.
The 2nd appellant Sethumadhavan expi!.ed on 08/09/2020.1St and 3rd appellants are the legal
heirs of the 2nd appellant.1St appellant is the wife and 3rd appellant is the son of the 2nd appellant
Sethumadhavan.
Since the respondent has admitted the.i coverage of the insurance policy in respect of the
offending vehicle, the liability to pay thecompensation is on the respondent. Hence the settlement
is arrived at between the appellants and the respondent.
The appellants above named and the M/s. New India Assurance Co Ltd (respondent) have
negotiated the matter out of court and willingly arrived at a compromisein full and final settlement
of all the claims of the appellant against M./s. New India Assurance Co Ltd (respondent) arising
out of the accident and the original petition mentioned above.
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1.Radha Pwh. J/r I:
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2. Ramanunni Duly Constitu\cJ
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Appellants F`'.espondent
M/s New lndiaAssurance Co. Ltd.
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5.ItisagreedthattheM/s.NewlndiaAssuranceCoLtd(respondent)shaHpayanadditionalamount
of Rs.6,70,000/-(Rupeessixlakhsandseventythousandonly)inclusiveofaninterestandcoststothe
appellantsbywayoffuHandfinalsettlementofaHtheclaimsoftheappellantagainstM/s.Newlndia
Assurance Co. Ltd. (respondent).
6.M/s.NewlndiaAssuranceCo.LtdwilldeposittheamountofRs.6,70,000/-(Rupeessixlakhsand
seventythousandonly)beforetheTribunal,withir`aperiodoftwomonthsfromthedateofreceiptof
the copy of the judgment from the Hon'ble Higli Court failing which the respondent win pay 9 %
interest per annum from the date of default..
7. There is no threat, coercion or undue influence in arriving at the above settlement. There is no
mistake in arriving at the settlement either.
WehumblyrequestthisHon'bleCourttorecordlhisjointstatementandtopassajudgmentinterms
thereof.
Datedonthisthe/*ayofJanuary,2022
1.Radha Qwh-
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Appellants Adv. Baby Mathew
Counsel for the appellants
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Responden°tu'yC°nstJ'utedAtt°meyAdv.johnjosephVettikad
New India Assurance Co. Ltd.Counsel for the respondent
