Sebastian M V vs New India Assurance Company Ltd
2023 Latest Caselaw 1986 Ker

               IN THE HIGH COURT 0F KERALA AT ERNAKULAM

                                        PRESENT
            ThE HONOURABLE MR.          JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 3to DAY 0F FEBRUARY 2023 / 14TH MACHA, 1944

                             MACA AID. 33®4 0F 2®21
AGAINST THE AWARD IN OP(MV)NO.522/2®17 0F MOTOR ACCIDENT CLAlus

                                 TRIBUNAL,   PALAKKAD

APPELLANT :

              SEBASTIAN M V
              AGED 50 YEARS
              S/0.DEVASIA VARKEY,     MUNDAMVAYALIL HOUSE, BOYS TOWN              ,
              LALAM     (PART),    PONAND-KARUR P.0., MEENACHIL,
              KOTTAYAM,      KERALA-68,6 574,     N.OW RESIDING AT
              MUNDAMVAYALIL HOUSE,           VELIKKAD P.O. ,
              MUNDUR,      PALAKKAD DISTRICT,        KERALA-678 592.
              BY ADV BABY MATHEW



RESPOwDENT :


              NEW INDIA ASSURANCE COMPANY LTD.
              REP BY ITS MANAGER,
              CHANDRASEKHARAN NAIR STADIUM COMPLEX,
              PALAYAM P.0. , TRIVANDRUM
              POLICY NO . 7614003116®10®®018316,
              PERIOD FROM 25/08/2016 TO 28.08.2017 (INSURER OF
              KSRTC BUS BEARING REGN KL/15/1/®296)
              BY ADV RAJI T.BHASKAR


              SRI.LAL K JOSEPH -SC



     THIS     MOTOR     ACCIDENT       CLAIMS   APPEAL     HAVING   COME   UP   FOR

ADMISSION     0N   03.02.2023,   THE    COURT   0N   THE   SAME     DAY   DELIVERED

THE FOLLOWING:
 MACA NO. 33®4 0F 2021                  2

                              JUDGMENT

When this matter was called today, the leaned counsel for the

parties were ad I.dem that the disputes between their clients have

been settled and that ajoint statement has been ffled.

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.1,60,000/- (Rupees One Lakh Sixty Thousand only),

inclusive of all interest and costs.

In the afore circumstances, I allow this appeal in terms of the

Compromise Petition dated 28.12.2022 filed by the parties; with a

direction to the Insurance Company to deposit the said amount

before the Tribunal, within a period of one month from the date of

receipt of a copy of this judgment; failing which the 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/.

                                       DEVAN RAMACHANDRAN

                                               JUDGE

MC/4 . 2
 MACA NO.      33®4 0F 2®21


                      APPENDIX OF MACA 3304/2021

PETITIONER AIVNEXURES
Annexure AI            JOINT STATEMENT 0F THE APPELLANT AND
                        RESPONDENT

BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM

M.A.C.A.No. 3304/2021

Sebastian M V I.. Appellant

Vsl

New India Assurance Co Ltd ... Respondent

JOINT STATEMENT FILED BY THE APPBLLANT AND THE RESPONDENT

1) The above appeal is filed against the award dated 17.10.2018 in O.P.(MV) No.522 of 2017 on the file of the Motor Accidents Claims Tribunal, Palakkad. The original petition is filed by the appellant claiming compensation in respect of the personal injuries sustained to him in a road traffic accident occurred on 31.10.2016 at 06.30 pin while the appellant was travelling as pillion rider on a motor cycle through Kongad- Palakkad Public Road and when he reached the Place of occurrence, he was hit and knocked down by a bus insured with the respondent. The Tribunal hid granted Rs.2,31,481/-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 this settlement is arrived at between the appellant and the respondent.

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2) The appellant above named and the 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 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 {.;f Rs.1,60,000/-(Rupees One Lakh Sixty Thousand Only) inclusive of all interest and cost to the appellant by way of full and final 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 1 month from the date of receipt of a copy of the judgment from the Honble i.iigh Court, in case of default as stated above the respondent is liable to pay interest @ 8% from the date of default.

4) There is no threat coercion or Indue influence in arriving at the above settlement. This settlement will form part of the judgment of the Honble High court of Kerala. '

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of December, 2ofa `-, -I -i,.:, I-td.

L'u.,JJ,J`..l`..J,,--,-r,,.`,.'jin€y

Appellant :Sebastian M V Rt.}spondent:New India Assurance Co.Ltd

EEJ Baby. Mathew Counsel for the Appellant respondent