Kerala High Court
Swamikutty vs The Oriental Insurance Company Ltd on 5 April, 2024
tt.
IN THE HIGH C0tJRT 0F RERALA AT ERNAKUILAM
PRESENT
THE HONouRABI.E ins. eusTIch= c.s. SuDHA
FRIDAY, THE 5TH DAY 0F APRII. 2024 / 16TH CHAITHRA, 1946
MACA NO. 613 0F 2020
AGAINST THE AlmRD DATED 16.09.2019 IN opMv No.1658 oF 2016 oF
MoroR Accll>ENT cLAIMs TRIBUNAL , pERunGZIVOOR
APPEIIIiANTS/RETITIONERS:
S~IRTTTY
AGED 54 YEARS
S/0. KAlippA, CHEIIAKADAN HOUSE ,
ANAPPARA P.0. -683 581.
SENTEIA
AGED 50 YEARS
w/0. swAMlroTTy , CHELAKADAN HOusE ,
ENAPPARA P.0. -688 581.
SUDHEESH sTmMIKUTTy
AGED 27 YEARS
S/O . S"IKUIIY ,
CHEILAKAI)AN HOUSE ,
ENAPPARA P.0. -683581.
BY ADV A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT :
THE ORIENTAL INSUENcffi COMPANY I.TD.
1ST FLOOR, JYOTHI SUPER BAZAR,
THODUPUZHA - 685 584
REPRESENTED BY ITS MANNER.
8¥ ADv Plot.NArEEB KIIzua
THIS MOTOR ACCIDENT CIAIMS APPEAL HAVING COME UP FOR
ADMISSION 0N 05.04.2024, THE COURT ON THE SARI DAY DELIVERED THE
FOLI.OWING :
:` MACANo.613of2020
C.S.SUDHA, J.
MACA No.613 of 2020
Dated this the 05th day of April 2024
JUDGMENT
The matter is settled between the parties. Joint statement dated
26/02/2024 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
Jms
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
Swamikutty & others Appellants
Vs.
The orfental Insurance company Ltd Respondent
domiT STATEMENT FILED 8¥ THE AppELLANTs AND THE
REsroNDRT
1. 'The above appeal is filed against the award in OP (MV)
No.1658/2016 which was disposed of by the Motor Accidents claims
Tribunal, Perumbavcor by award dated 16/9/2019. The original petition
is filed by the appellants claiming compensation in respect of the
death of the Son of the lst appellant who died in a road traffic
accident occuned On 12/8/2016 at about 11.55 pin while the deceased
Sadan Samykutty was travelling as a pillion rider in a motor eycle
bearing No. KLrfe3-7238 through Kottayam-Thrissur road and when the
vehicle reached near Pezhakkappilly, a Car bearing No. KL-25-F4114
came in a rash and negligent manner and hit upon the motor eycle. As
a result of the accident the deceased sustained son.ous injuries. Vvhile
undergoing treatment the deceased succumbed to the injuries. The
Tribunal had granted Rs. 15,46,800/- 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 betweeri the
appellants and the respondent.
Appellants:
Swamikufty Santha -
sudheesh swamikutty rg+
Respondent: Oriental Insurance
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. 5,45,000/-
(Rupees Five I,akh Forty Five 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 herety 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 Honble High Court, in case
of default as stated above the respondent is liable to pay interest @
8°/o from the date of default.
4. There is no threat coercion or undue influence in arriving at the
above settlement. This settlement will fomi part of the judgment of the
Honble High court of Kerala.
Dated this the 26th day ofFebruary, 2024.
S#:e:#:#: rfe Santha -
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sudheeshswamikutty.4`.;:z`.f,-`rr±.
Counsel for the Appellants
