Jayan vs Sulaiman
2022 Latest Caselaw 7694 Ker

 

 

TN TRE NIGH COURT OF KERALA AT BRNASILAM
PRESENT
THE HONQURABLE NMR. JUSTICE SATHISH NINAN

vumsnay, rex oat pay or JUNE 2022 / 7YR ASHADEA, 1944

NACA NO. 2222 OF S018

AGAINST THE AWARD DATED 28.59.2018 IN OPMY €6S8/2007 OF MOTOR

ACCIDENT CLAIMS TRIBUNAL , NEYYATTINERARA

APPELLANTS /APPLICANTS :

JALAN

AGED 42 YEARS

8/0. RAVEENDRAN NADAR, R. ¥. NIVAS, PRIYADARSRINET
NAGAR, MULLOOR, VISRINUAN, NEYYATINEARA .

BY ADV ARUN BARU

RESPONDENTS / RESPONDENTS :

a

vmod

SULATMAR
S/O. SYED MOBAMMED, VELLARIYIL, BREADRAMADAM,
MUONDARKRAYAM ~ S88 512.

TRE MANAGER
YRE ORTENTAL LIPE INSURANCE COMPANY LTO, ARTS To
JUNCTION, TRIRUVANANTHASURAM ~ 695 O01.

SREMEUMAR

S/O. BATAPPAN NAIR, PREM NILAYAM, TC 18/847,
ROVILARRAM ROAD, ARAMADA, TRTROUVANANTHAPORAM ~ 695
O32.

THR MANAGER
NEW INDIA ASSURANCE COMBANY LiD., NEYYARPINEARA ~
S95 i2l.

SASSI
$/Q. GANGADHARAN, MANAVILS VEEDU, PALODE P.O. ,
MEDUMANGAD ~ 688 543,

A. M. ESMATE (O78)

RUBY GURURKAL, PROPRIETOR RUBY DRINKING WATER
TRANSPORTING SERVICE, RUBY HOUSE, BC 38/78,
CHALAL, THIRUVANANTBAPURAM ~- $85 O36,

UMATBAN RUSBY .

W/O. LATE ISMAIL, RUBY HOUSE, TC 39/78, CHALAT,
THIRUVANANTRAPURAM ~ 695 O36.
 

M.A.C.A& Na. 2418 af 2989

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8 TRE DIVISZONAL MANAGER
NEW INDIA ASSURANCE COMPANY LTD, PALAYAM, NEAR
CHANDRASEREBARAN NAIR STADTONM, PTHIROUVANANTHAPURAN
~ $85 O33.

$ BALERS:
S/O, LATE A. M. TSMATE AND UMAIBAN RUBY, C/0.
UMAIBAN RUBY, RUBY DRINKING WATER, TC 39/78,
CHALAT, TRIRUVANANTHAPURAM ~ 695 O26.
BY AVS .
SRI.LANRENCE 2 CONEA
SEI.S . JOSTOS
JORN JOSEPR VETITRAD
SRI.JEIO ISAAC
SRY .GODWIN JOSE
C.TQSEPR JORNY (R/107 /2007)

 

TRIS MOTOR ACCIDENT CLAINS APPEAR HAVING COME UP FOR
ADMISSION ON 28.96.2022, THE COURT ON THE SANE DAY
DELIVERED THE FOGLOWING :

 
 

Sathish Ninan, 7.

AAR A AA RR RR ROE I ORE DO OE ONE BOD BOE OOO OOD HO EE ONE HD BON O00 00D OD HOOD
MAN MR Ne ON ee MR A SR Mie Or Se a re ie Se rar SN Sen Sie Sc NO Se

PEO CLE CO COE HOO ONE DOD OO ODO HOD OOD HOT OND OO DIT ODO OOO.9OP OOE G90 99209900 YOO YOO VOD

Dated this the 28° day of June, 2022

JUDGMENT

Pending the appeal, parties have sebtled the disputes amicably. They have filed a Joint memo of settisment to the said effect. The terms of settlement have been stated therein. A modified award is passed in terms thereat. The Joint maemo of settlement will

farm part of the judgment.

Sd/-Sathish Ninan, Judge

isn

' BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM M.ACA NO. 2222 / 2019

Jayan .. Appellant Vs.

Sulaiman and others .. Respondents

- JOINT STATEMENT FILED BY THE APPELLANT AND THE os 4% and 8 RESPONDENTS

1. The above appeal is filed against the award dated 26-09-2018 in O.P. (MV) No. 652/2007 of the M.A.C.7, Neyyattinkara. The original petition is filed by the appellant claiming compensation in respect of the injuries sustained by him in a motor vehicle gocident which occurred on 28-11-2005 involving a lorry bearing registration No. KL ~ 01 / AG - 8404 insured with the B® respondent, The Tribunal had granied Rs. 98,000/- as compensation along with interest @ 8% p.a. from 14-08-2007 onwards. ff is challenging the quantum of compensation that the above appeal is filed.

2. Since the & respondent has admitted the coverage of the insurance policy in respect of the offending vehicle, the Hability to pay the compensation is on the 8 respondent. Other respondents are not necessary parties in the appeal. Hence the settlement is arrived at between the appellant and the 4°

and 8* respondents.

Appellant: _ 4* and 8 Respondents Jayan Jao Mis New India

Assurance Company Lid.

3, The appellant and the 4° and 8 respondents have negatiated 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 4" and &* respondents arising out of the accident and the original petition mentioned above. It is agreed thal the respondent shall pay an additional amount of Rs. 65,000/- (Rupees sixly five thousand only) inclusive of all interest and costs to the appellants by way of full and final setiiement of all the claims of the aopellants against the respondent.

4, The respondent hereby agrees io transfer by way of NEFT the above amount af Rs. 68,000/- (Rupees sixty five thousand only) within a period of 30 days from the date of receipt of the copy of the judgment fram the "ae Hon'ble High Court, in the bank account of the appellant. The appellant shail provide a true copy of his bank passbook and Aachaar card fo the respondent within 10 days of receipt of copy of the judgment from the Hon'ble High Court to effect payment. In any event the said amount is not deposited as aforesaid the amount would carry interest 8% p.a. from the date of default.

5. There is no threat, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at the setilement either.

We humbly request this Hon'ble Court to record this joint statement and to pass a judgrnent in terms thereof.

Dated on this the /@* day of June, 2022

Appellant: coe vayan Lhe ne Keke wh ax See Be Counsel for the Appellant

XG

Seer & XS ey

Respondent: M/s New india Ady, John Seon Vettikad Assurance Company Lid. Counsel for the 4 and 8t respondenis