Kerala High Court
Lilly P.Y vs Kannan on 27 March, 2024
IN THE HIGH COURT OF KERAliA AT ERNAKULZu4
PRESENT
THE HONOURABIIE MRS. JUSTICE C.S. SUDHA
wEDNESDAy, THE 27TH DAy OF mRCH 2o24 / 7TH CHAITHRA, ig46
MACA NO. 3803 0F 2021
AGAINST THE AlqARD DATED 05.03.2021 IN OPMV NO.1630 0F 2017
OF MoroR AcclDENT clLAIMs TRIBUNAL, KOTTAyAM.
APPEIIIIANT/PETITIONER:
LIIJI'Y P.Y.
AGED 43 ¥Eans,
D/O . YESHUDASEN , RESIDING AT PANE)ANAIKUNNEII HOUSE ,
JOSEGIRI P.0. , BAISONVALLEY , IDUKKI DISTRICT ,
PIN -685 565.
BY ADVS .
K . A . EIASH IM
M . I . IsmlL
RESPONDENTS/RESPONDENTS:
KZENEN ,
S/O. THANKACHAN, PUTHENPARAREIL HOUSE ,
KOIATTAMBAULM BHAGAM, ARPOOKARA KARA, VIIIL00NNI
P.O. , KOTTAYAM DISTRICT, PIN -686 008.
MONC¥ mTHAI ,
puNNAKKATTu HOusE, KunmRANAI,LOOR p.0. , KOTTAyAM,
PIN -686 016.
THE NEW INDIA ASSUENCE COMPANY LIMITED,
REPRESENTED BY ITS DIVISI0NAII MZENAGER,
I)IVISI0NAL OFFICE, KOTTAYAM, PIN -686 002.
BY ADVS .
ENZIL SELIM
SHRI.IIAL K.JOSEPH, SC, NEW INI)IA ASSUENCE
COMPANY I.TD. ()
SURESH SUKUMAR(K/634/1997)
THIS MOTOR ACCIDENT CI.AIMS APPEAI. HAVING COME UP FOR
anMlssloN oN 27.o3.2o24, THE couRT oN THE SAME DAY
DELIVERED THE FOLLOWING :
MACA No.3803 of 2021
C.S.SUDHA, J.
-I,---------------------------------------------------------
MACA No.3803 of 2021
--,I-I,---------------------------------------I,--------------
Dated this the 27th day of March 2024
JUDGMENT
The matter is settled between the parties. Joint statement dated
21/02/2024 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.
SD/-
C.S.SUDHA
JUDGE
ak
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Lilly P.Y Appellant/petitioner
Vs
Kannan & Others Respondents/Respondents
JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE
MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL
The above appeal is against award in OP MV. No.1630/2017 dated. 5/03/2021.of
the motor Accident Claims Tribunal, kottayam. The original claims is one U/S 166
of the Motor Vehicles Act for the inj.uries sustained by the appellant in the motor
vehicle accident occurred on 3/09/2017.
The lea.rned tribunal after finding negligence on the insured vehicle awarded a
compensation of Rs:13,23,700/- with 8%i interest and proportionate cost from
the 3rd respondent insurance Company. I)issatisfied with the quantum the
claimant is in appeal.
The appellant and the 3rd respondent New India Assurance Company had
discussed the matter on 20/02/2024. Th{3 appellant has agreed to receive
Rs.4,70,000/-(rupees four lakh seventy thousand only)including interest in
addition to the compensation already award by the Tribunal as full and final
settlement of the all claims in the appeal. The respondent insurer has agreed to,
deposit the above amount in the account of appellant.
The appellant shall furnish the bank account particulars of the appellant within
one month from the date of the I.udgmeiit .The respondent shall deposit the
amount within one month from the date of the receipt of the account particulars.
Incase the insurer fail to deposit the am()unt after receiving the account
particulars of the account particulars as stipulated above the amount shall carry
interest as 90/o after the date of default. i.irEa#dE#,R%|a`fA°sf;URANCE co. LTD.
Date this 21th day of february 2024 at Ernakulam
stituted AItorney
Appellan\tJ:lyre+ Respondent
Counsel for thg,ap Counsel for the respond
LAL J{. JOSEPH
Advcoate(L-ls
flJN'`ELfi-
