Kerala High Court
Anitha Devi vs The New India Assurance Company Ltd on 7 February, 2024
Author: Mary Joseph
Bench: Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 7" DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
MACA NO. 1247 OF 2022
AGAINST THE AWARD DATED 13.01.2022 IN ©O.P(M.V) NO.188/2018 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR
AP PETIT R:
ANITHA DEVI,
AGED 54 YEARS,
W/O. SASIDHARAN NAIR, SASI NIVAS, KADAKKAMON,
PATHANAPURAM P.O., KOLLAM DISTRICT.
PIN - 689 695,
BY ADV SRI.ANCHAL C.VIJAYAN
RESPONDENT/3RD RESPONDENT IN THE OP:
THE NEW INDIA ASSURANCE COMPANY LTD
DIVISIONAL OFFICE, KAVIKUNNEL CHAMBERS, MC ROAD,
MOOVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 661,
REPRESENTED BY ITS DIVISIONAL MANAGER.
BY ADVS.SRI.LAL K.JOSEFPH
SRI.GANAPPAN P G
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.1247 of 2022
JUDGMENT
Dated this the 07" day of February, 2024
The appeal on hand is originated from an award
passed by Motor Accident Claims Tribunal, Punalur
(for short 'the Tribunal') on 13.01.2022 in O.P.(M.V)
No.188/2018. The appeal was filed by the claimant
before the Tribunal seeking for enhancement of
compensation.
2. During the pendency of the appeal, the --
parties to the appeal have amicably settled the matter
and arrived at a sum of %3,10,000/- (Rupees Three
lakhs and ten thousand only) as_ additional
compensation inclusive of interest and costs, by way
of full and final settlement of all claims raised by the
appellant in the appeal on hand. Incorporating the
terms of settlement, a joint statement has also been
filed before this Court which was signed by both
parties and their respective counsel.
3. The respondent has agreed to transfer by
way of NEFT/RTGS a sum of %3,10,000/- arrived at as
additional compensation within a period of 30 days
from the date of receipt of a certified copy of the
judgment that would be passed on the basis of the
joint statement filed. The appellant shall provide the
true copy of the bank passbook to the respondent
within 15 days of receipt of a certified copy of the
judgment that would be passed in the appeal on hand,
for effecting payment. The additional compensation
ordered will carry interest at the rate of 8% per
annum, from the date of default.
5. In the result, the appeal on hand is allowed
and a judgment is passed for %3,10,000/- (Rupees
Three lakhs and ten thousand only) as additional
compensation. The respondent in the appeal shall
transfer %3,10,000/- (Rupees Three lakhs and ten
thousand only) by way of NEFT/RTGS in the account of
the appellant on particulars being furnished by her,
within 15 days of receipt of a certified copy of this
judgment.
The joint statement shall also form part of this
judgment.
Sd/-
MARY JOSEPH
JUDGE
NAB
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
Anitha Devi .-» Appellant
Vs.
New India Assurance Company Limited ... Respondent
JOINT STATEMENT FILED BY THE APPELLANT AND
RESPONDENT
1, The above appeal is filed against the award dated 13.01.2022 in O.P.
(MV) No.188/2018 on the files of the M.A.C.T. Punalur. The
« original petition was filed by the appellant / petitioner, who met with
| a road traffic accident on 03.02.2018 and sustained severe injuries.
The Tribunal had granted Rs.15,70,855/- as compensation along
with interest @ 7% p.a. from the date of petition till realisation. The
appeal is preferred for enhancement of compensation.
2. Since the respondent had admitted the coverage of insurance policy
in respect of the offending vehicle, the liability to pay the
compensation Is on the respondent.
3. The appellant and the respondent have negotiated the matter on
16.01.2024 while it was listed for settlement 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
\ 0
Appellant: yew
cor Mitha Devi A a Anchal C. Vijayan K(YU 2s] sy
URN HE NEW INDIA ASSURANCE C&
x
and the original petition mentioned above.
Counsel for the Appellant
gunk
: Aw 4,"
S/ Respondent" * P-&-Ganappan- KAIAlae
New India Assurance Co. Ltd. Counsel for the Respondent
It is agreed that the respondent shall pay an additional amount of
Rs.3,10,000/- (Rupees three lakhs and ten thousand only) inclusive
of all interest and costs to the appellant by way of full and final
settlement of all the claims of the appellant against the respondent.
4. The respondent hereby agrees to iransfer by way of NEFT/ RTGS
om
the above said amount of Rs.3,!0,000/- (Rupees three lakhs and ten
thousand only) as per the agreement within a period of 30 days from
the date of receipt of the copy of the judgment from the Hon'ble
High Court, in the bank account of the appellant. The appellant sha!l
provide the true copy of the bank passbook to the respondent within
15 days of receipt of copy of the 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% p.a.
from the date of default.
_ 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 29" day of January, 2024.
'
Appellant: iui Leas
E NEW INDIA ASSURANCE CO. LTD. oo,
Counsel for the Appellant
Duly Conistituted Attorney ; ad Vina
espondent: P.G-Ganappan. Klaxla G
New India Assurance Co. Ltd. Counsel for the Respondent
For akaiotl pe fateat Anchal C. Vijayan 4) asi sty
