Kerala High Court
Geetha vs New India Assurance Company Ltd on 27 March, 2024
IN THE HIGH COURT 0F RERALA AT ERNAKULZD4
PRESENT
THE HONOuRABI.E ins. dusTlcE c.s. SUDHA
wEDNESDA¥, THE 27TH DAY oF imRCH 2o24 / 7TH CHAITHRA, 1946
imcA No. 3757 oF 2022
AGIAINST THE AlmRD DATED 17.09.2o22 IN om4v No.2o26 oF 2olg
OF MOTOR ACCIDENT CLAIMS TRIBUNAII , IRINJAIAKUDA.
APPELLZINTS/PETITIONERS:
GEETHA,
AGED 49 YEZRS,
WIRE OF RATE NARAYANAN, RAIPPUZHA EIOUSE, V.R.
PURZD4 DESOM, PERZDCRA VILIAGE, POTTA P.0,
CEIAILAKUDY TAI.UK, THRISSUR DISTRICT, PIN -680722.
VISHNU K.N. , AGED 24 YEARS,
SON OF RATE NARAYENEN, KAIPPUZHA HOUSE, V.R.
PURAM DESOM, PERAIDRA VILIAGE, POTTA P.O,
CHAIAKUDY TALtJK, THRISSUR DISTRICT, PIN -680722.
VIDYA K.N. ,
AGEI) 22 YENS,
DAUGHTER OF RATE NARAYANAN, KAIPPUZHA HOUSE,
v.R. puRm4 DEsOM, PERAIDRA vll.IAGE, POTTA p.O,
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -680722.
ELIRTTY,
AGED 85 rEzms,
WIFE OF RATE PAPPU, RAIPPUZHA HOUSE, V.R. PURAM
DESOM, PERAIDRA VILIAGE, POTTA P.0, CHALAKUDY
TAIIUK, THRISSUR DISTRICT, PIN -680722.
BY ADV A.N.SANTHOSH
RESPONI)ENT/ 3RE RESPONDENT :
NEW INDIA ASSUENCE COMPANY IiTD. ,
2ND FLooR, pERINCHERR¥ BulLDING, rouNI) NORTH,
THRISSUR-680001, REPRESENTED BY ITS MZINAGER.
BY ADVS .
LAL K JOSEPH, SC
P.MCJRAliEEDHARAIT (THURAV00R) (K/1651/2000 )
SURESH suKunnR (K/634/1997)
ANZIL SAI.IM(K/000447/2018)
THIS MOTOR ACCIDENT CIIAIMS APPEAL HAVING COME UP FOR
ADMISSION 0N 27.03.2024, THE COURT 0N THE SAME I)AY
DELIVERED THE FOLLOWING :
MACA No.3757 of 2022
C.S.SUDHA, J.
-----I'''11,IL--------I------------------------------------------
MACA No.3757 of 2022
11-11,,,-11,-----------------------------------------------------
Dated this the 27th day of March 2024
JUDGMENT
The matter is settled between the parties. Joint statement dated
06/03/2024 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.
SD/-
C.S.SUDHA
JUDGE
ak
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Geetha & others Appellants
Vs.
The New India Assurance Company Ltd Respondent
JOINT STATEMENT FILED BY THE APPELLANTS AND THE
REroNDRT
1. The above appeal is filed against the award in OP (MV)
No.2026/2019 which was disposed of by the Motor Accidents Claims
Tribunal, Irinjalaknda by award dated 17/9/2022. The original petition is
filed by the appellants claiming compensation in respect of the death of
the husband of the lst appellant who died in a road traffic accident
occumed On 3/11/2019 at about 1.30 pin while the deceased Narayanan
was travelling as a pillion rider in a motor eycle bearing No. KL47-Erf573
through Chalakudy-V.R. Puram road and when the vehicle reached near
Thachudaparambu, the rider lost control and the vehicle capsized. As a
result of the accident the deceased sustained serious injuries. While
undergoing the deceased succumbed to the injurfes The Tribunal had
granted Rs. 16,60,500/-as compensation along with interest @ 6% 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 givF¢e{F#:ap qujot#S*
vehicle, the liability to pay the compensation is oh the respondent.
£ap£ *£ffl }±!utEi. ti±fanu-A- ~ _
¥i.gu!®¥:,.¥nftyve8Cor#c
gap.,I ®t:.
Appellants: Geetha C3} Ipefr Vishnu K.N
Jr_
vidyaK.N # Ka`jkufty' CEL
Respondent: New India Assurance Company Ltd
tw and on eedlf ®1:-
THENEWINol^ASsORAVC€CO.L:to.
fty*d Atrty
Hence the settlement is arrived at between the appellants and the
respondents.
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. 2,61,000/- (Rupees Two Lakhs
Sixty One Thousand Only) inclusive of all interest and cost to the
appeuants by way of fun and final settlement of all the claims of the
appellants against the respondent.
3. The respondent hereby 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 Honfole 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 foml part of the judgment of the Honble
High court of Kerala.
Dated this the 6th day of March 2024
Appellants:+whGeetha G2±& Vishnu K.N j4±
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~u,ap,.,u`thco;a,¥jdyaK.N jE3EL Ka,jkufty, j2~
anco]ow#ffiffitNe*|nd,aAssurancecompanyLtd
:±2._,i-'-;..
Lal K.Joseph
Counsel for the Appellants Counsel for the respondent
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