Appeal against motor accident tribunal award disposed of based on a joint settlement. Parties agreed to an additional payment inclusive of interest and costs as full and final settlement.
Additional Rs. 9,00,000 to be paid by respondent within 30 days of judgment as full and final settlement subject to specified interest terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN TBE EIGE COI'RT OF KERAI,A ATERNAKUIJAM
PRESEIiTT
TEE EONOURABLE MR..'USTICE C.S.DIAS
TEI'RSDAY, TEE 05TE DAY OF NO\ZEMBER2O2O /14TE KARTEIKA IL942
I'IACA.No.3555 OF 2015(B)
AGATNST TEE AWARD rN OPIM LL35/20L2 OFTEE MOTORACCTDEIITS Cr,Arlrs TRTBLNAS-rV, KOZETKODE
APPELI,AI{TS:
1 SOT'MINI AGED 54 YEARS W/O. NAR]AYAI{ATiT(MOTEER OF TEEDECEASED) 2 NARJAYAI{AI{ AGED 60 YEJARS s/o. I'IADEAVAII,(FATHER OF TEEDECEASED). 3 SEAMII,A AGED 33 YBARS D/O. NARJAYAI{A}T,(I'NIIARRIED SISTERAI{D DEPEIIDEDOF TEE DECASED)
A SAVITEA AGED 26 YEARS W/O. RA.'EEVA}I,(SISTER OF TEEDECE.ASED) 'AIJIJ ARE RESIDING AT PADTKKAL EOUSE, KOOTEAI,TPOST, PERAMBRA, KOYrr,At{DY TArItK, KOZETKODE 673 525. BY ADVS SRI . ZI'BAIR PI'LIKKOOL SRI .N. P .}4AS.ABOOB
RESPONDENT:
rEE NEW II{DIA ASST'RANCE CO.LTD, BRjAIICE OFFICE, PERIIiITEALT'IA]INA,TSROUGETEE DMSIONAI oFFrcE, VATAKAtrUA, NEjARHEjADPOSTOFFTCE,VATAKARjA POST, KOZETKODE - 613 101.
R1 BY ADV. SRI.iTOEN i'OSEPE VET:IIKAD R1 BY ADV. SRI.C..'OSEPEJOE}iTY
trEIS MOTOR ACCIDEIIII CLAIMS|APPEiAL EAVINGBEENFINALL,YEEARDON 05.11 .2020, THE COURT ON THE SA}'EDAY DELIVEREDTEE FOLLO9IING:
MACA.No.3556 OF 2015 (B)
iII'DGMENT
Dated this the Sth day of November ZO2O
The appellants and the respondent have filed a joint statement dated 23.L0.2020, which is counter signed by the respective counsel stating that the subject matter in dispute between the parties have been settled as per the joint statement. Hence, the appeal may be disposed of in line with the joint statement filed by the parties.
The above joint statement is recorded. The appeal is disposed of in line with the joint statement filed by the parties, which shall form a part of the judgment.
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C.S.DIAS
JUDGE
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rq-ri& , fr NN' \A\ ./ 0* ' Pnn,?dc/L' 'u-/o-&'4s BEFORE THE HON'BLE HIGH COURT OF KERALA, ATERNAKULAM
M.A.C.A. N0. 3556 I 2015
Soumini and others
APPellant
Vs.
M/s New lndia Assurancr| Company Ltd.
Respondent
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JOINT STATEMENT FILED I RESt'_OND-ENI
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JOHN JOSEPH VETTIKAD Counsel for the respondent
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Setva"l4il Wa+i 431, \ zl ostiln , \
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BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
M.A.C.A. N0. 3556 I 201s
Soumini and others
Appellant
Vs.
M/s New India Assurance Company Ltd. Respondent
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JOINT STATEMENT FILED BY THE APPELLANTS AND THE RESPONDENT
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Appellants:
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x 1. Soumini 2. Narayanan W
'"L!4o"nt.to. tuturaffG"'r' Duty ConstituteO nflorry
3, Shamila fu-4. Savitha Y
Respondent: M/s New India Assurance Company Ltd.
2_
respondent arising out of the accicient and the original petition mentioned above, lt is agreed that the respondent shall pay an additional amount of Rs,9,00,000f (Rupees nine lakhs only) inclusive of all interest and costs to the appellants by way of full and final settlement of all the claims of the appellants against the respondent.
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We humbly request this Honrl:le Court to record this joint statement and to pass ajudgment in terms thereof.
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Dated on this the8'day of Octobr;r ,2020
Appellants:
Respondent: M/s New India Assurance Company Lkl.
2X
Adv, Zubair Pulikool Counsel for the appellant
\0ryldvettikad
Adv. John ldvettikad Counsel for the 2no respondent
Soumini and others
M/s New India Assurance Company Ltd.
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
