Kerala High Court
Hdfc Rego General Insurance Co.Ltd vs Shyni C Cheriyan on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAN
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE ii" pAY OF APRIL 2024 / 22ND CHATTHRA, 19846
MACA NO. 3973 OF 2635
AGAINST THE ORDER/JUDGNENT DATED 62.02.2015 IN OPMV NO.1824 OF
2923 OF ADDITIONAL MOTOR ACCIDENT CLAINS TRISUNAL-I,KOTTAYAN
APPELLANT/3RD RESPONDENT:
HDFC REGO GENERAL INSURANCE CO.LTD
SAFA TRADING CENTRE, RAILWAY STATION R
O82, REPRESENTED SY AUTHORISED SIGHATO
~LEGAL.
BY ADV SRI.AGI JOSEPH
AD, KOTTAYAM 686
LF 8 RAR CIM ET
ee "OEP
RESPONDENTS /PETITIONERS AND IST AND 2ND RESPONDENT:
i SHYNI C CHERIYAN
W/O. LATE ASHIC C.MANI, ENNACKAL HOUSE, PALLOM BORMA
KAVALA BHAGOM, PAKKIL P.O., NATTAKOM VILLAGE, KOTTYAM
(CHANDRATHIL HOSE, PALLOM P.O., KOTTAYAM}, PIN: 686 O12
{1ST PETITIONER IN THE ORIGINAL PETITION)
2 NISHAN MANT CHERIYAN
S/OQ.LATE ASHIC C.MANI, ENNACKAL HOUSE, PALLOM BORMA
KAVALA BHAGOM, PAKKIL P.O., NATTAKOM VILLAGE, KOTTYAN
{CHANDRATHIL HOSE, PALLOM P.O., KOTTAYAM), PIN: 686 612
(2ND PETITIONER IN THE ORIGINAL PETITION)
NIKHIL VARGHESE CHERIAN
S/O0.LATE ASHIC C.MANI, ENNACKAL HOUSE, PALLOM BORMA
KAVALA BHAGOM, PAKKIL P.0., NATTAKOM VILLAGE, KOTTYAN
(CHANDRATHIL HOSE, PALLOM P.0., KOTTAYAM), PIN: 686 612
(SRD PETITIONER IN THE ORIGINAL PETITION)
OMANA MANT
W/O. LATE MANI CHERIAN, ENNACKAL HOUSE, PALLOM BORMA
KAVALA BHAGOM, PAKKIL P.O., NATTAKOM VILLAGE, KOTTAYAM,
PIN: 686 @12 (4TH PETITIONER IN THE ORIGINAL PETITION)
5 PRAKASH P.K.
Pe FR EFT ERA RRB DB. yA NED TK BS
S/O. KUMARAN, PAREPARAMBIL HOUSE, VAYANASALA JUNCTION
BHAGOM, CHANNANIKKADU P.0., PANACHIKKADU VILLAGE,
KOTTAYAM, PIN: 686 533 (IST RESPONDENT IN THE ORIGINAL
PETITION)
6 PRASANTH
S/O. PRAKASH, PAREPARAMBIL HOUSE, CHENNANIKKADU P.O.,
KOTTAYAM, PIN: 686 533 (SECOND RESPONDENT IN THE
ORIGINAL PETITION)
BY ADV SRI.JACOB E SIMON
tx
he
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FoR
ADMISSION ON 11.64.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1O738 OF Fe1s ay
JUDGMENT
The matter stands settled between the
parties, and they filed a joint settlement memo
dated 15/3/2024, The parties have agreed to
modify the impugned award, as agreed in the joint
settlement memo.
2. The joint settlement memo is recorded.
The appeal stands allowed as per the joint
settlement memo, The joint settlement memo shalt
form part of the appeal judgment.
Sd/-
SOPHY THOMAS
JUDGE
Ska
SSS
Appellants/3 Respondent -HDFC ERGO General
_-Respondents/petitioners, 1 & 24 ge
JOINT STATEMENT filed by Appellant
BEFORE THE HONORABLE HIGH COURT OF KERA LA
MACA No, 1973 of 2015
I Insurance Co. Ltd
Vs
spondents: Shyni C Cherian and Others
and respondents | to 4 in the above said
appeal
I.
The
1¢ appellant is the 3 respondent in the original petition. Respondents 1 6 4 are
petitioners in the original petition who are the legal heirs of deceased Ashic C Mani
who died in a road traffic accident on 19/5/2013. The respondents § and 6 herein are
the driver and owner of the offending vehicle who are respondents } and 2 in the
original petition.
The Motor Accidents Claims Tribunal, Kottayam awarded the case OP P«M.LV.) No,
1824/2013 on 2/2/2015 directing the appellant to pay an amount of Rs. 42,29,006/-
with 9% interest from 27/12/2013 and cost of Rs. 2,55,633/- to the respondents | to
4. The appellant and respondents | to 4 discussed the matter for an amicable
settlement in view of the judgment of the Honorable Supreme Court of india in
National Insurance Co. Ltd Vs Pranay Sethi reported AIR 2017 SC 5157 and
agreed to settle the case for an amount of Rs. 72,71,500/- ( Seventy two lakhs
seventy one thousand and five hundred only). The appellant herein who js the 3%
respondent in the original petition in O.P. (M.V.) No. 1824/2013 of Motor Accidents
Claims Tribunal Kottayam agreed to pay the said amount within 45 days from the
date of judgment of the honorable High Court of Kerala. In case of default for
making payment of the said amount, the appellant is liable to pay the interest at the
5 ( - said amount.
rate 7.5% per annum for the said
> aM tiles
ryt eaeerere ae 40 - MA
Be cee Tee : rua Mani
ole ines Ocoee Nis sh an Mani Cc herian. "7 NET Y REDRESS 'Cheri: An
l Shyni C Cherian, 15
&.
Dated this the 18° day of March
Appellant
Advocate for Appellant: Agi Josep sh. Advacate, |
Phe YPPX Jant WHGrawy aut athe SOHenhiaris "aysed in this appeal and the
ndvawn the claim on balance amount afer deducting the satd
amount on the basis af the award in in OF. (MLW No. 1824013 of Motor
Accidents Claims Tribunal Kettavam dated 27/12/2013.
The appellant hereby withdrawn all claims against respondents § and 6 who are the
respondents | and 2 in the original petition.
The I respondent Shyni C Cherian whe is the mother of 3° respondent signing this
oH
Joint statement on behalf af 38 respandent Nikhil Varghese Cherian as power of
attorney holder.
Hence the ¢ appellant and respondents [to 4 pray that the compromise arrived in
between the parties may be recorded end appropriate order may be passed for
realizing the said Rs. 72.71.S00% from the appellant in case of default in making
payment w ith yin 44 days as agreed shove.
Hee ERGO General Insurance Ca. Lid
Respondents
Advacs Me
1. Shyni € Cherian
~~
2 Nishan Mani Cherian \A
: ough
3 Nikhil \ Varghese Cherian thre
: ates fie
- aaney NATE oven No Afi .
4. Qmang Mian , i
= Tacob E Simon, Advocate Ugh"
ee
