Kerala High Court
Joy @ Sebastian vs United India Insurance Company Ltd on 30 October, 2024
M.A.C.A No.15©9 of 2©17
2024 : KER: 80775
IN THE HIGH COURT OF KERAIIA AT ERNAKUILAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
WEDNESDAY, THE 30T[] DAY OF OCTOBER 2024 / 8TH KARTHIRA, 1946
MACA NO. 1509 0F 2017
AGAINST THE AWARD DATED IN OPMV NO.794 0F 2012 DATED 14-
7-2016 0F ADDITIONAL MACT, NORTH PARAVUR.
APPELI.ANT/PETITIONERS :
JOY @ SEBASTIAN, S/O.PATHROSE,
THAIPARAREIII HOUSE , NTARAKKAII ,
ROSILY, W/O.JOY @ SEBASTIAN,
THAlpARArmlL HousE , N.ARAKKAlh
NIBy BI.Oy,s/0.roy @ SERASTIAN,
THAlpARADBIL HousE , NrARAKKAII.
BY ADV SRI.A.N.SANTHOSH
RESPONI)ENT/3RD RESPONI)ENT :
UNITED INDIA INSURANCE COMPANY LTD. ,
N.PARE:VUR -683 513.
BY ADV S.dAYASREE, SC
THIS MOTOR ACCIDENT CI.AIMS APPEAL HA:VING BEEN FINALLY
HEARD ON 30.10.2024, THE COURT 0N THE SARI DAY DEI-IVERED THE
FOLLOWING :
M.A.C.A No.15©9 of 2©17
2024 : KER: 80775
JOHNSON JOHN, J.
----------------- 11 - - 11 --------------------------
M.A.C.A No.1509 of 2017
------------------------------------I----------
Dated this the 30th day of October, 2024[
JUDGMENT
The matter is settled between the appellants and the
respondent/United India Insurance Company Ltd.
2. Perused the joint statement filed.
3. The Insurance company agreed to pay an additional
amount of Rs.2,10,000/- (Rupees two lakh ten thousand only)
inclusive of all interest and cost to the appellants by way of full and
final settlement within a period of two months from the date of
receipt of a copy of this ].udgment and in case of default, the
respondent is liable to pay interest @ 8% per annum from the date
of default.
Compromise is recorded. This MACA is disposed of in terms
of the compromise as above. The joint statement will form part of the
judgment'
Sd/-JOHNSON JOHN, JUDGE.
amk
BEFORE TEE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Joy @ Sebastian & others Appellants
Vs.
United India lnscarance Company Ltd Respondent
JOINT STATEMENT FILED BY THE APPELLANTS AND TIIE
RESPONDENT
The above appeal is filed against the award in OP (MV) No. OP 794/2012
which was disposed of by the Addl. Motor Accidents Claims Tribunal, N.
Paravur by award dated 14##016. 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 occurred on 15/10#012 at
about 10.20 am while the deceased Nikhil was riding a motor cycle
bearing No. KL7-BR-863 through the side of Vyppin-Munambam road and
when he reached near Puthuvyppu, a bus bearing No. KL42-B-2662
driven by its driver came in a rash and neglisent manner and knocked
down the deceasedf As a result of the accident the deceased sustained
serious injurl.es While undergoing treatment the deceased succumbed to
the injuries. The Tribunal had granted Rs 12,80,000/- as compensation
along with interest @9% 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
respett`ofthe:Lurending vehiQle, ire lial3ility to pay the compensation is on
the respondent. Hence the settlement is arrived at between the appellants
andde`\r5;b'ohderit.
Appellants: Joy@Sebastian i ? ROsj!y 8>
Niby @ Bijoy
rvr2,
Respondent.uflrmxplENH§gngjL#
Atlthoris€d
-+--J¥
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 fmal settlement of all the claims of the appellants 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
aniount of Rs. 2,10,000/-(Rupees Two Lakh Ten Thousand only) inclusive
of all interest and cost to the zippellants by way of full and fmal 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 zi period of 2 months from the dad? of receipt of a copy
of the judgment from the Hon'ble Hich Court, in case of default as stated
atove the respondent is liable to pay interest @ 8% from the date of
default.
4. There is no threat coercion or undue influence in arriving at the above
settlement. This settlement will fom part of the judgment of the Hon'ble
High court of Kerala.
Dated this the 25th day of September 2024.
App€l]ants: Joy @ Sebastian TTP Rosi,y j2i-
Njby@Bijoy qin
:::T:;:;:,A,NsuRAr#LTD.
Autliorised EL,+lil:Ory
\o\\o\fro&h
A.N. S.jayasree
Counsel for the Appellants Counsel for the respondent
