Kerala High Court
Aby Kuriakose vs Alby on 1 February, 2023
IN THE HIGH COURT 0F RERAIA AT ERNAKuliAM
PRESENT
THE HONOURABLE MR. JUSTICH DEVAN RAMACHANDRAN
WEDNESDAY, THE IST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
MncA No. 46o oF 2olg
(AGAINST THE AHARD DATED 17.03.2018 IN OP(MV)NO.195/2016 0F THE
ADDL. DISTRICT & SESSIONS COURT-IV/ADDL. MACT-II, THODUPUZHA)
APPElilLANT/PETITIONER:
ABY KURIAKOSE, (D.O.B-16/4/2000), S/O. BINU GEORGE,
ERUPPUMALAYIL HOUSE, KUNTHAIIAMPARA KARA,
RATTAPANA VIliliAGE, RATTAPANA SOUTH P. O,
IDUKKI DISTRICT -685 551.
BY ADV DINNY THOMAS
RESPONDENTS/RESPONDENTS:
1 ALBY, S/O. BINU, ERUPPUMAliAYIL HOUSE, VTTAKUNNELRADY
BHAGAM, KUNTHAIIAMPARA KARA, KATTAPANA SOUTH P.O,
IDUKKI-685 551 (RIDER) .
SHERLY, W/O. SAJI, OTTUPIACRAli HOUSE, HOCHUTHOVAIA P.0,
VALIYAPARA, RATTAPANA - 685 514 (OWNER) .
THE ORIENTAL INSURANCE COMPANY LTD,
REPRESENTED By ITs DlvlsloNAI. MANnGER,
JYOTHI SUPER BAZAR, THODUPUZHA-685 584.
BY ADV. SRI. THOMAS MATHEW NELI.IMOOTTIL
THIS MOTOR ACCIDENT CIAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT 0N THE SAME DAY DELIVERED THE
FOLLOWING:
RACA NO. 460 0F 2019
-2-
JUDGMENT
When this matter was called today, the
learned counsel on both sides were ac} ICJem that
the disputes between the parties have been
settled and that a joint statement has been
filed.
2. I have examined the joint statement and
see that the claim of the claimant has been
settled by the 3rd respondent - Insurance Company
for an amount of Rs.2,75,000/-(Rupees two lakhs
seventy five thousand only), inclusive of all
interest and cost.
In the afore circumstances, I allow this
appeal in terms of the Compromise Petition dated
21.12.2022 filed by the parties,. with a
direction to the Insurance Company to deposit
the said amount before the Tribunal, within a
period of 30 days from the date of receipt of a
copy of this judgment,. failing which the
incA No. 46o oF 2olg
appellant will be entitled to interest on the
afore said sum at the rate of 8% per annum until
it is paid or recovered.
The appellant shall provide a true copy of
his Bank Passbook, Adhaar card and PAN card to
the 3rd respondent - Insurance Company within a
period of 15 days from the date of receipt of a
copy of this judgment, as agreed by them and as
recorded in the compromise, for the afore
Purpose .
Sd/-
DEVEN RAMACHANDRAN
JUDGE
akv
BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM
M.A.C.A. No. 460 of 2019
Aby Kuriakose Appellant
Alby & Others Respondents
JolNT STATEMENT FILED BY THE APPELLANT AND THE 3rd RESPoNDENT
1. The above appeal is filed against the award dated 17-03-2018 in O.P. (MV)
No. 195/2016 of the Addl. District & Sessions Court-lv/Addl. MACT-ll,
Thodupuzha. The original petition is filed by the appellant claiming
compensation in respect of the injuries sustained by him in a motor vehicle
accident which occurred on 31-10-2016 involving a motorcycle bearing
registration No. KL-06-H-1536 insured with the 3rd respondent. The Tribunal
had granted Rs.2,80,640/- as compensation along -I,Ivith interest @ 9°/o p.a.
from 19.04.2016 onwards. It is challenging the quantum of compensation that
the. above appeal is filed.
_6T2. I_he__ 1St and 2nd respondents have not appeared in the appeal
Since the 3rd respondent has admitted the coverage ot the Insurance policy iri
respect of the offending vehicle, the liability to pay the compensation is on the 3rd
respondent. Hence the settlement is arrived at between the appellant..and the 3rd
respondent.
3. The appellant and the 3rd 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 3rd respondent arising out of the
accident and the original petition mentioned above. It is agreed that the 3rd
respondent s!.`,all pay an additional amount of Rs.2,75,000/- (Rljpees Two
Lakhs Seventy Five Thousand only). in
jFte[wi
For THE ORIE-NTAL`I
ELoife
mue4T;E,Cor[TD.
chtryrmiAu ®d Signatory
i
appellant by way of full and final settlement of all the claims of the appellant
against the respondent.
4. The respondent hereby agrees t() transfer by way of NEFT the above
amount of Rs.2,75,000/-(Rupees 1 wo Lakh Seventy Five Thousand only)
within a period of 30 days from the date of receipt of the copy of the
judgment from the Hon'ble High Court, in the bank account of the appellant.
The appellant shall provide a true copy of his bank passbook, Aadhaar card
and iJTAN card tolhe -ies-ponTa3Tnt iviThln i-5~d-a-y~5T6f receipt of copy of the
judgment from the Hon'ble High Court to effect payment. In any event
if the above said amount is not deoosited as aforesaid, the amount would
carry an interest 8°/o p.a. from the date of default. u
There is no threat, coercion or undue i:ifluence in arriving at the above settlement.
There is no mistake in arriving at the settlement either. We humbly request this
Hon'ble Court to record this joint statement and to pass a judgment in terms
thereof.
Dated on 21St day of December, 2022
Appe!Iant Cou nsofife Appellant
Aby#a_kQse AdrD+iITi-y--T nomas
d Signatory
suranceco. Ltd - . Adv. ThomasMathewNellimoottil
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