Kerala High Court
Sadappan vs New India Assurance Company Ltd on 1 February, 2023
IN THE HIGH counT oF RERAIA AI ERNAKulLAM
PREENT
THE HONouRABLE in. 4usTlcE DEVAN RAMACHANDRAN
WEDNESDAY, THE IST RAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
Mach NO. 2073 0F 2022
(AGAINST THE A"ARD IN op(rv)No.351/2o2o DATED 15.3.2o22 oN THE
FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAI., N.PARAVUR)
AppELI[an/PETITIONER:
sADAppEN, neED 58 yEARs,
SON OF [email protected], EERAYIL HOUSE,
CHERIYAPAlilLAMTHURUTHU, N. ARAVUR, PIN - 683513.
BY ADV A.N.SANTHOSH
RESpchlDENT/2ND RESPONDENT :
NEW INDIA ASSURANCE COMPANY LTD. ,
1ST FLcOR, NALUMAKKAI. BUILDING,
CHANDAPPURA, ERIYAD ROAD, KODENGELLUR, PIN -680664.
BY ADVS.M.MEENA JOHN
VIJU THOMAS (K/35/1985)
THls roTOR AcclDENT clAIMs AppEAI. HAvlNG confl up FOR
A"ISSION ON 01.02.2023, THE COURT 0N THE SAME DAY DELIVERED THE
FOLIOwlNG:
MAca NO. 2073 OF 2022
-2-
JUDGMENT
When this matter was called today, the
learned counsel on both sides were acJ Icfem 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 Insurance Company for an amount
of Rs.54,500/- (Rupees fifty four thousand five
hundred only), inclusive of all interest and
cost .
In the afore circumstances, I allow this
appeal in terms of the Compromise Petition dated
19.01.2023, filed by the parties; with a
direction to the Insurance Company to deposit
the said amount before the Tribunal, within a
period of two months from the date of receipt of
a copy of this judgment,. failing which the
MncA No. 2073 oF 2o22
appellant will be entitled to interest on the
afore said sum at the rate of 8% per annum until
it is paid or recovered.
Sd/-
DEVEN RAMACHANDRAN
JUDGE
akv
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
M.A.C,A.No. 2073 / 2022
Sadappan
Appellant
Vs.
The New India Assurance :
Company Ltd Respondent
i|FTT STATE"T FueD BT TED APpBu^IiT AliD TED REspo)lrDEHT
a 1. The above appeal is filed against the award in OP (MV) No. 351/2020 dated
15/3/2022 on the ffle of the Motor Accidents Claims Tribunal, N. Paravur. The
original petition is ffled try the appenant claiming compensation in respect of the
personal injuries sustained by him in a road traffic accident occurred on
±9/2/292Q at about 8!4§ afl vyh±±? t_h? appeLlaLit was ridijig a seggter beardeg NQ:
Klr42-K-9065 through Chalakka-Kuthiyathodu Road and when he reached near
Chalakka, another motor cycle bearing No. KL-42-Q-1796 came in a rash and
negligent manner and knocked down the appellant. The Tribunal had granted Rs.
37,951/-as compensation along with interest @ 7.5% p.a. from the date of claim
petition. It is challenging the quantum of compensation that the above appeal is
ffled. Since the respondent had admitted the coverage of the insurance policy in
respect of the offending vehicle, the liabhity to pay the compensation is on the
respondent. Hence the settlement is arrived at between the appelfant and the
respondent.
Appellant :
sedapan cfty
Respondent: The New India Assurance Company Ltd
For and on Behalf of:-
THE NEW INDIA ASSURANCE CO. LTD.
2. The appenant 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 claims of the appel]ant against the respondent arising out of
the accident and the original petition mentioned above. It is agreed that the
respondent insurance company shall pay an additional amount of Rs. 54,500/-
(Rupees Fifty Four Thousand Five Hundred Only) inclusive of all interest and cost
to the appellant by way of full and fmal settlement of all the claims 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 hiable to pay interest @ 8% from the date of defaulter.
4. There is no threat coercion or undue influence in arriving at the above
settlement. This settlement win form part of the judgment of the Honble High
court of Kerala.
Dated this the 19th day of January, 2023
Appellant :
Sadappan
ondent: The New India Assurance Company Ltd
and on Behalf of:-
ftyl
NEW INDIA ASSURANCE CO. LTD.
nthch Viju Thomas
for the Appellant Counsel for the respondent
(-i I ) lJ'-
