Kerala High Court
Sivadasan vs Samuel on 27 June, 2024
iN TRE HIGH COURT oF RERALA AT RBRNARUTAN
ERESENT
TRE HONOURABLE MRS. GUSeTy CE SOPHY THOMAS
TRURSDAY, THE 27°" pay or guwe goog ¢ 8TH ASHADWA, 1946
ee
MAC GC. Fe oF 2Gie
AGAINST THE ANapn DATED 13.07.2037 IN GPM NO.J30¢ or eOi9 OF
MOTOR ACCT DREW? GRATES PRIBUNAL » SRT RUVANANTHA PUR
APPELLANT / PETITIONER :
SIVADASAN
PRAVEEN BHAVAN,
ROLENUT, AYOOR,
ROLLAN DY SPRICE,
BY ADV SRI. ANCHAL
C. VIMASAN
i SANDED
ORIN BHAVAN,
PERINGALOOR, AYOOR
BO. , KOLAAM,
PIN: €81 839
2 PRE DIVISTONAL
MANAGER
GRIENTAL INSURANCE
CO.LTO. -RORINT
BULTLOING,
PAZRAVANGADT ,
THARARAPARAMEI? ROAD,
PORT
#. GO. » TRERUVANANT HA PTY
RAN, FINS 695 o23
THIS MOPOR ACCYTOENT CLAIMS APPEAL HAVING CONE oP FoR
ADMISSION ON 27.08.2034, TRE courr GN TYRE SA&NE DAY DELIVERED pee
PQLQGORING 2
MACA No. 82 of 2018
SOPHY THOMAS, J.
TRIS iS an appeal at the instance of the claimant in OP (MV)
No. 1304 of 2010 on the file of Motor Accidents Claims Tribunal,
Thiruvananthapuram.
2, Pending appeal, the petitioner, and the 3nd respondent
insurer arrived at a Settiement, and filed joint memo dated
22.03.2024.
3. The joint memo dated 22.03.2004 is on board, and it is
recorded.
4. As per the joint statement, the 2nd respondent, Oriental
insurance Company has to pay Rs.50,000/ to the appellant in
addition to the compensation awarded by the Tribunal, in full and
final settlement of all the claims made by the appellant. The
insurer has to transfer Rs.50,000/- to the account of the appellant
within 30 days from the date of receipt of a copy of this judgment,
tes
and in default, that amount will carry interest @ 8% per annum
from the date of default, til the date of deposit.
The acpeal stands allowed, in terms of the joint statement
dated 22.03.2024, and the joint staternent shall form pari of this
judgment.
od/-
SOPHY THOMAS
JUDGE
RAG
Presented on: G3-06-2024
BE
PSO VERIPIED-
an
E-OA NG» CA-2024-01 8020
FORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Of Year 2024
fry
MACA No S2eoig Le
SIVADASAN : Petitioner
VS
SAMUEL and ANOTHER » Respondents
JOINT MEMO FILED BY THE APPELLANT AND RESPONDENT NO.2
odi-
S-VERRIED
ANCHAL CVUAYAN
oe uttettstettttttteete _ _ a. Presented on : 03-06-2025
Maes
SIVADASAN
Petitioner
SAMUEL AND ANOTHER
Page Nas
EMO: JOINT MEMO PILED BY TRE ai
ELLANT AND RESPONDENT
Te8
ap?
Saye
E-VERIFIED
PEPRORE THE HON BLE FIGH COURT OF KERALA, AY
ERNARULAM
"re
Sivadasan > Appellant
Saapel and another > Respondents
JUN T SVATEATENT FILED BY UD LE APFELLANT AND
RESHONDENT Nod
1. The above appeal is filed against the award dated [53.07.2017 in O.P.
GMV3 NolSO4/2010 on the fies of the MLACUT,
Vhiruvananthapuram. The above Original Petition was filed by the
appellant for getting comipensation for the Injuries sustained in a
road traffic accident on3i.07.2010 due to the rash and negligent
driving of the Jeep bearing Ree. No. KL-O1M 7997 by its driver,
The said vehicle was insured with the 2 respondent.
2. Phe learnal Tribunal passed an award for Rs.33,000/- with 9%
interest for the said amount from the date of applicatinn tul
In
realization and proportionate cost. As per the award, learned
Yrfunal held that the 2° respondent is liable ty pay compensation
to the appetant.
Anochal C. Vilayan
~~ Counsel for the Appellant
. uel.
Dpprus sr@anh Was FP Am
Resnoad ent:
Oriental Insurance Co, Ltd. Counsel for the 2™ Respondent
pre and
» Since the 2° respondent had admit
Lod
palicy 1 respect of the offending
compensatian is on the respomdert.
.
"PRG re
iaied the matter with the 2
Stank pegs
Insurance Company Limited while it was list
I
202.2024 and willingly arrived at a campronys
voof all the claims of the
ap
out of the aecident and
mentioned above,
Tt is agreed that the 2 re
Lat
s
s Pili 9
amount of Rs. $0,000 (Rane:
P full and
interest and cost to appellant by way o
:
gil «i
AAS 2%
claims af the appellant aguinst the
peldina amd M.ALCLA, The ressondent agrees to t
SEPP AR TGS the said amount of fs $8 O0/- as
in
om.
ent
ae
ot
ws
~
e Hon'ble Court,
hes
many event t ad
the Haveuid e from
ei PPOXuey
arry interesi @@ 8% p.a
Appelsut:
oe
x
Sivadasan Anchal CL Vi
Counsel for the
Res
pordents
nadia Insurance Co. Lad.
apamndent
ed for
yy
the origina
responde
from the date of re
m the Bunk
Pamount is not deposited as afo:
Counsel fir the 2" Re
ied the coverage of insurance
s vehicle, the liability to pay the
Oriental
settlement on
pellant against the
1 petition
spondent herein shall pay an additional
Phousand only) inclusive of all
final settlement of
min the ongins!
ransier by way of
per the agreement
ipt Of capy of
stay py kt sdae
Account of the
the date af defaull,
Oe ne
POoyor
Appellant
. i . re "-- --_ on
espondernt
the true copy of the Bank pass backs to
eipt of copy af judgement
Nhe appellant shall provide
the 2 respondent within 15 days of
High Court to effeet payment. In any event the
fram the }on'ble eA
vic amount is aot depasred as aforesaid, the amount would carry
rmurr fram the date of defsult as agreed.
ay
N84 a per re
at ihe
aeytpa pes &
WAGs
There is no threat, coercion or undue indluence in arriving
ere is no mistake in arriving at the settlement
shove setiiement. There
ssgeey
We humbly request this Court to record this joint
statement and to pass a judgment in terms thereat
apellant
"yy Lb 5 ant YETTON
Resnondent:
'the 2°" Respondent
Counsel fox
DISCHOE TRE HON SLE PG COURT OF KERALA, AT
EROSARULAM
iynssna > Appatiend
uN
Sanne and another : Respondents
JOUNT STATEMENT FILE ) BY THE APPELLANT AND
RESPONDENT No
Lzatee
my OOS
Anchal C. Vijuyun
Counsel for the Appellant
wee
. § i } uy By rm "ly Ay & 7 Pere,
Counsel fur the 2°" Respondent
