Kerala High Court
Thomas vs Aneesa Beegum on 4 April, 2024
IN THE EtlGH couRT oF KERAILA AT ERIgAKULm4
PRESENT
THE HONouRABLE ins. -usTlcHE c.s. sunHA
THURSDAY, THE 4TH DAY OF APRII- 2024 / 15TH CHAITHRA, 1946
emcA No. 2781 oF 2o23
AGAINST THE AHARD DATED 27.12.2022 IN 0PMV NO.74 0F 2017
0F MOTOR ACCII)ENT CliAIMS TRIBUNAL, PUNALUR.
AppELlnNT/PETITIONER:
THC-,
]reED 61 rEas,
S/0. JOIN, VAZHUTHANAKKADU, EDAPPAIAYAM,
ARYANKAVU, KOLIAM DISTRICT, PIN -691309.
BY ADV ANCHAL C.VIJAYAN
RESEroroENTs/REspoNDENIS:
REESA BEEGUM,
RAFI ENzll., uRUKUNNu, THEmnlA, PUNAI,uR TALUK,
K0I.I.AM DISTRICT, PIN -691329.
SAITHALI ,
s/O. DlvAN mlTHEEN, ESTATE I.AyAM,
VENTURE ESTATE , ARYANKAvtJ, PUNALUR TAI.tJK,
KOLIIAM DISTRICT, PIN -691309.
NEW INDIA ASSURANCE COMPANY IIIMITED ,
DIVISIONAL OFFICE, KOLLEN, REPRESENTEI) BY THE
DIVISIONAli ENAGER, PIN -691001.
BY AI)V GENAPPAN PC
THIS MOTOR ACCIDENT CILAIMS APPEAII HAVING Cold UP FOR
AI)MISSION 0N 04.04.2024, THE COURT ON THE SAIE DAY
DEI.IVERED THE F0IILOWING :
MACA No.2781 of 2023
C.S.SUDHA, J.
MACA No.2781 of 2023
Dated this the 04th day of April 2024
JUDGMENT
The matter is settled between the parties. Joint statement dated
16/03/2024 filed is taken on record. The appeal is disposed of in terms
of the joint statement. The joint statement shall form part of the
judgment and decree.
Interlocutory applications, if any pending, shall stand closed.
SD/-
C.S.SUDHA
JUDGE
ak
BEFORE THE HON'BLE HIGH COURT 0F KERALA, AT
ERNAKULAM
Thomas : Appellant
Vs.
Aneesa Begun and others : Respondents
JOINT STATHMENT FILHD BY THE APPELLANT AND
RESPONDHNT No.3
1. The above appeal is filed against the award dated 27.12.2022 in O.P.
(MV) No.74/2017 on the files of the M.A.C.T. Punalur. The above
Original Petition was filed by the appellant for getting compensation
for the injuries sustained in a road traffic accident on 09.04.2016 due
to the rash and negligent riding of the Motor Cycle bearing Reg. No.
KL-25 G -7906 by its rider. The said vehicle was insured with the
3 rd respondent.
2. The learned Tribunal passed an award for Rs.2,43,245/- with 7%
interest for the said amount from the date of application till
realization and proportionate cost. As per the award, learned
Tribunal held that the 3rd respondent is liable to pay compensation
to the appellant.
Ar)')e[lant:
Thomas ng
to_
Anchal C. Vijayan LJ ; i?g|/c76t `
Counsel for the Appellant
Rcsnoltt]e[it No.3: pGT`6r#a'`86
New India Assurance Co. Ltd. Counsel for the Respondent No.3
For and on Behalf of:-
3. Since the 3rd respondent had admitted the coverage of insurance
policy in respect of the offending vehicle, the liability to pay the
compensation is on the 3rd respondent.
4. Appellant negotiated the matter with the 3rd respondent -New India
Assurance Company Limited while it was listed for settlement on
07.03.2024 and willingly arrived at a compromise settlement in full
and final settlement of all the claims of the appellant against the 3rd
respondent arising out of the accident and the original petition
mentioned above.
5. It is agreed that the 3rd respondent herein shall pay an additional
amount of Rs.1,30,000/-(Rupees One lakh and Thirty Thousand
only) inclusive of all interest and cost to appellant by way of full and
final settlement of all claims of the appellant against the 3rd
respondent in the original petition and M.A.C.A. The respondent
agrees to transfer by way of NEFT fl`TGS the said amount of
Rs.1,30,000/-as per the agreement within a period of 30 days from
the date of receipt of copy of judgment from the Hon'ble Court, in
the Bank Account of the appellant. In any event the said amount is
not deposited as aforesaid, the ainount would carry interest @ 8°/o
p.a from the date of default.
ADnellant:
Thomas fe Anchalcv#giv=h`+99lqqu
Counsel for the Appellant
BrmondentN4 E2tz{£'ayftJasvus¥P|aqu
h \ gr ' g 6
New India Assurance Co. Ltd. Counsel for the Respondent Ao,a
For and on Behalf of:-
W INDIA ASSURANCE CO. LTD
`` `.` -
)
6. The appellant shall provide the true copy of the Bank pass books to
the 3rd respondent within 15 days of receipt of copy of judgment
from the Hon'ble High Court to effect payment. In any event the
said amount is not deposited as aforesaid, the amount would carry
interest @ 8% per annum from the date of default as agreed.
7. There is no threat, coercion or undue influence in arriving at the
above settlement. There is no mistake in arriving at the settlement
either.
We humbly request this Hon'ble Court to record this joint
statement and to pass a judgment in terms thereof.
Dated on this the 16th day of March, 2024.
Anpellant:
Thornas it8>
L_
Anchal C. Vijayan h | k 351 I a ap
Counsel for the Appellant
ondent No.3:
p,£.zfin2Lapen
New India Assurance Co. Ltd. Counsel for the Respondent A5,!&'ir6
BEFORE THE HON'BLE HIGII COURT 0F KERALA, AT
ERNAKULAM
TIlomas Appellant
Vs,
Aneesa Begum and others : Respondents
FILED -l-iY
Ancha[l C. Vijayan
.
Counsel for the Appellant
-.---. I.*ii: -.--
Counsel for the 3rd Respondent
