Ushakumari vs United India Insurance Company ...
2023 Latest Caselaw 7149 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 23"9 DAY OF JUNE 2023 / 2ND ASHADHA, 1945
MACA NO. 1684 OF 2019
AGAINST THE AWARD DATED 12.12.2618 IN OPMV 188/2016 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR
APPELLANTS/PETITIONERS:
4 USHAKUMARI
AGED 51 YEARS

W/O. LATE SASI, THEKKUMTHODATH HOUSE,
KARUMALOOR, ALUVA.

2 SHYAMESH SASI
AGED 28 YEARS
S/O. SASI, THEKKUMTHODATH HOUSE,
KARUMALOOR, ALUVA.

3 LALESH SASI
AGED 26 YEARS
S/O. SASI, THEKKUMTHODATH HOUSE,
KARUMALOOR, ALUVA.

BY ADV A.N.SANTHOSH

RESPONDENT/3RD_ RESPONDENT :

UNITED INDIA INSURANCE COMPANY LTD,
JOYS BUILDING, M.G. ROAD,

PADMA JUNCTION,

ERNAKULAM - 682 035.

SMT. PREETHY R. NAIR - SC

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 23.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:



MACA.No.1684 OF 2619

2

JUDGMENT

The learned counsel for the appellants and the respondent have filed a joint statement to the effect that the subject matter of the lis involved in the appeal has been settled between the parties. The settlement dated 14.06.2023 signed by _ the appellants and respondent and countersigned by the respective counsel is produced along with the statement.

2. I have perused the statement of settlement and found the same to be in accordance with law.

Recording the said statement, this M.A.C.A is disposed of. The terms of settlement shall form part

of the judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR

BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM

M.A.C.A.No. 1684 of 2019 Ushakumari & ors : Appellants Vs.

United India Insurance Company Ltd : Respondent

JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT

1. The above appeal is filed against the award in OP (MV) No.188/2016 which was disposed of by the Motor Accidents Claims Tribunat, Perumbavoor by award dated 30/11/2018.. The original petition is filed by the appellants claiming compensation in respect of the death of the son of the appellants who sustained injuries in a road traffic accident occurred On 8/1/2016 at about 2.15 pm while the deceased Sasi was travelling as a pillion rider in a motor cycle bearing No. KL-42-G-5610 through Varapusha-Edappaly road and when the vehicle reached near Cheranalloor, a bus bearing No. KL-7-AQ-7929 came in a rash and negligent manner and hit on the motor cycle. As a result of the accident the deceased sustained serious injuries. The Tribunal had granted Rs. 9,28,800/- as compensation along with interest @ 8% 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 the settlement is arrived at between

the appellant and the respondent.

Appellants: -- re Ushakumari (sbalennsete AOR TRE oS

Shyamesh Sasi ;

Lalesh Sasi ZELD

_----e ~

For UNITED INDIA INSURANCE CO, LTD.

Respondent: United India Insurance Company Ltd

Authorised Signatory

2. The appellants 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 of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand Only) inclusive of all interest and cost to the appellant by way of full and final settlement of ali 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 Hon'ble High 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 undue influence in arriving at the above settlement. This settlement will form part of the judgment of the Hon'ble High court of Kerala.

Dated this the 14t day of June, 2023 Appellants :

Ushakumari C1 bob root re

Shyamesh Sasi pone DB amt Lalesh Sasi Lok er !

For UNITED INDIA INSURANCE CO.-LTD.

Respondent: United India Insurance Company Lid

Authorised Signatory

destiny

A.NSanthosh Preethy R.Nair Counsel for the Appellants et 8 ARM cy Aime ,aeaies Counsel for the respondent