Full Judgment
MACA.No.10 of 2016 \`~. IN TEE HIGH COURT OF RERAIA ZIP EENAKPLAM PRESENT THE Horou RABLE rm.JngsTlcE zl¥AD RAlna AN A.A. MONDAI, TEE i3TH DAI oF No:vEun ER 2o23 / 22ro KARTHIRA, ig45 MAICA NO. 10 0F 2016 AGAINST TEE OREER/Ou DGMENT OPMV 590/2013 0F Zu}DITICINZU Dls TRICT cx]u FIT a IST ADDITlo NAL MOTOR Accl DENT clAIIes TRIBUNAL ,AIAPPUZRA. APPEIIIANT/PETITIONERS: PRZITHAP P, It GED 53 YEARS, s/O. pEETHz\im ARAN, KAlpp ALI,IL HOusE, TREREKARA p.O, MANcentBo, KOTTANADu, AILAppuz EIA. PRAJITIA P. , Zus ED 29 YEARS, D/o. pEunl APEN, KAlppz ELIL roctsE, TEIEKKERARA p.o, MANCcot BU, KUTTANADU, ALAPPUZIA. PRASANTH P. , ZNGRED 24 YEARS, S/O. PRAIHAPEN, KAIPPZLLIIIII HogsE, THEKRERARA P.O, ENCOMBU, qu TTANADU, ALAPPUZHA. BY ADV. SRI . P. S . PRADEEP RESPONDENT/RESPONDENT NO. 2 : TEE DIVISIONAI\ MANARER, UNITED INDIA INSURANCE cO.Ii TD, SARADA ccue", Mul,LACKAL, AIAppuz RA plN 688 ooi. BY ADVS. SRI.do EN JOSEPH VITTIKAD SRI.C. JOSEPH JOIINY THls ro TOR hacl DENT cIAIMs App EAI, HHVING cenl LE up roR AmilssloN oN 13.11.2o23, TEE cot JHT oN TEE SinE Dz[x DELlv ERED TEE col,LOwl NG: MACA.No;10 of 2016
-MERE The appellant is the petitioner in O.P(MV).No.590 of 2013 on the file of the Motor Accidents Claims Tribunal, Alappuzha. The said claim petition was submitted seeking compensation for the death of one Ajithakumari in the motor accident that occulTed on 09.01.2013. Even though the amount claimed was Rs.15,00,000/-., the Tribunal passed an award allowing a total compensation of Rs.9,91,000/- and the respondent herein was directed to deposit the said amount along with interest at the rate of 9% per annum from the date of petition till realization. This appeal is submitted challenging the same.
2. Heard Sri.PS.Pradeep, leaned counsel for the appellants and Sri.John Joseph Vettikkad, leaned counsel for the respondent.
3. The appellants and the respondent have filed a joint
settlement memo to the effect that the matter has been settled between the parties and as per the settlement, the respondent had agreed to deposit a further sum of Rs.7,00,000/- (Rupees seven lakhs only) inclusive of interest in full and final Satisfaction of the claim of the appeuant. In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 26.10.2023 this appeal is disposed MACANo:10 of 2016 3 of modifying the award dated 19.05.2015 passed by the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV).No.590 of 2013
granting an additional amount of Rs.7,00,000/- (Rupees seven lakhs only) inclusive of interest to the appellant herein and the said amount shall be deposited by the respondent Insurance Company within a period of two months from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 8% per annum from the date of default. The joint settlement memo shall form pan of the
judgment.
Sd/- ZIYAD RAIIMAN A.A. JUDGE DG/13.11.23 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM M.A.C.A,NO.10 / 2016 Prathap p and 2 others Appellants Vs. United India Insurance co. Ltd. Respondent JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT
1. The above appeal is filed against the award dated 19-05-2015 in O.P. (MV) No. 590/2013 of the M.A.C.T. Alappuzha. The original petition is filed by the appellants claiming compensation in respect of the death of one Ajithakumari in a motor vehicle accident which occurred on 09-01-2013 invoMng a lnnova car beanng reglstration No. KL -04 / AC -5445 Insured
with the respondent. The Tribunal had granted Rs. 9,91,000/- as compensation along with interest @ 9°/a p.a. from the date of petition (24/06/2013). It is challenging the quantum of compensation that the above appeal is filed.
2. Since the respondent has admitted the coverage of the insurance
policy in respect of the offending lnnova Car, the liability to pay the compensation is on the respondent. Hence the settlement is arrived at :etp::tehnat:;app#Pondent For UNITED INDIA INSURANCE CO. LTD.
2. Frajitha Authdrzato,y
3. Prasanth P Appellants: Respondent •2.
3. The appellants and the respondent have negotiated the matter out of court and willingly arrived at a compromise settlemenl 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 shall pay an additional amount of Rs 7,00,000`- (Rupees seven lakhs only) inclusive of all interest and costs to the appellan{ by way of full and final settlement of all the claims of the appellants against the respondent.
4. The respondent hereby agrees to deposit before the MACT Alappuzha the above amount of Rs. 7,00,000/- (Rupees seven lakhs only)
within a period of 60 days from the date of receipt of the copy of the judgment
from the Hon'ble High Court. If in any event, the said amount is not deposited as aforesaid the amount would carry interest 8% p.a. from the date of default.
5. There is no threat, coerciori 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 C()urt to record this iolnt statement and to pass a judgment in terms thereof. DatedonthistheJffyayofoctober,2023 iprathaELpzgrng r\`- CO. LTD. For UNITED INDIA INslm ANCE
2. Pnajitha I:\`.:...:;i"..::: stJ,
3. Prasanth P iT:`;;.`:;h`.A ` Appellants: Adv. John Joseph Vettikad Counsel for the Appellants Counsel for the respondent