Kerala High Court
Kumary vs United India Insurance Company ... on 13 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 13'° DAY OF SEPTEMBER 2023 / 22ND BHADRA, 13945
MACA NO. 2155 OF 2019
AGAINST THE AWARD DATED 18.12.2018 IN OP(MV) No. 488/2016 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, IRINJALARUDA
APPELLANTS /PETITIONERS ;
1 KUMARY, AGED 48 YEARS, W/o LATE SASI,
ALUVAKARAN HOUSE, POOLANI KURUPPAM DESOM,
MELOOR VILLAGE AND P.O.
2 ASWATHI, AGED 26 YEARS, D/o LATE SASI,
ALUVAKARAN HOUSE, POOLANI KURUPPAM DESOM,
MELOOR VILLAGE AND P.O.
3 SARATH, AGED 23 YEARS, S/o LATE SASI,
ALUVAKARAN HOUSE, POOLANI KURUPPAM DESOM,
MELOOR VILLAGE AND P.O
4 AMMINNI, W/o LATE KUNJU, ALUVAKARAN HOUSE,
POOLANI KURUPPAM DESOM, MELOOR VILLAGE AND P.O.
BY ADV A.N.SANTHOSH
RESPONDENT/3** RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.,
4/108, E2, KOODALI ARCADE, AMBALLUR,
THRISUSR-689 302.
BY ADV SRI.N.S.MOHAMMED USMAN
SRI. P.K.MANOJKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
a
MACA No.2155 of 2019 2
JUDGMENT
The matter has been settled: A joint statement signed
by both parties and the respective counsel is produced.
Hence, the appeal will stand disposed of in terms of the ©
joint statement arrived at by the parties and it will
form part of the judgment of this Court. The award passed
by the Tribunal will stand modified accordingly.
Sd/-
P. SOMARAJAN
JUDGE
DMR/-
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM
M.A.C.A.No. 2155 of 2019
Kumary & ors | : Appellants
Vs.
United india Insurance Company Ltd : Respondents
JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT
1. The above appeal is filed against the award in 488/2016 dated 25/1/2016 on the
file of the Addl. Motor Accidents Claims Tribunal, N. Paravur. The original petition is filed by
the appellants claiming compensation in respect of the death of the husband of
the ist appellant who died in a read traffic accident occurred on 8/1/2016 at about
7.00 pm while the deceased Sasi was riding a scooter bearing NO. KL-8-AC-1152
through Adichily- Muringoor road and when he reached near Kunnappilly, a bus
bearing No. KL-45-D-7999 came in a rash and negligent manner and hit upon the
motor cycle. As a result of the accident the deceased sustained serious injuries.
The Tribunal had granted Rs. 19,30,000/- 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. it is submitted that the
4th appeliant, the mother of the deceased died during the pendency of the appeal
ie. 5/12/2021 and all the legal heirs are in the party array. The tribunal
apportioned the compensation and 10% was awarded as share of the 4th
Respondent: United India Insurance Company Ltd
For UNITED INDIA INSURANCE CO. LTD.
appellant. Appellants 2 and 3 is having no objection in granting the above
amount in favour of the Ist appellant. Hence the settlement is arrived at between
the appellants and the respondents.
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. 4,40,000 /-
(Rupees Four Lakhs Forty Thousand Only} inclusive of all interest and cost to the
appellants by way of full and final settlement of ali the claims of the appellants
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 18 day of August, 2023
Appellants: Kumary '72
Aswathi, 'OAS Aenolly
Sarath, A - Sot
epank tt yNTED INDIA INSURANCE CO. LTD.
ae Signatory Wer
Muhammed Lao
Counsel for the respéndent
"AN Santhosh _
Counsef for the Appellants
