Allowed

Ayisha, v. New India Assurace Company Ltd.

Kerala HC2 Feb 2023MACA/345/2019

Case brief

AI extract

What is this about?

On a settlement of claims totaling Rs. 1,04,200 inclusive of interest, the High Court allowed the motor accident claims appeal by confirming the compromise and directing the insurer to deposit the funds within sixty days with penalty interest for default.

What did the court decide?

Compromise petition accepted; Insurance Company directed to deposit Rs. 1,04,200 within sixty days; 9% p.a. interest for delay.

Ayisha, Vs New India Assurace Company Ltd. — Motor Accident Claims | Kerala HC (2023)

¶1

IN THE HIGH cOuRT OF RERAIA AT EENunrm

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PRESENT

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TEE HONOuRABLE in. BusTlcE DEVEN RrmcENI>EN

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IHunsmr, THE 2ro DA¥ or FEBRum¥ 2023 / 13ma RAGm, 1944

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EELee_ NO. 345 OF 2qu

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AGAINST TH AmaRD DATED 26.og.2o48 IN o"V 284/2ol7 oF roTon AcclDENT c:IA"s TRIBE:]un, vA"uKrm

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APPElilLENT/PETITIORELBi

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AYISEIA,

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AGED 61 YENS H/a. armTH, pAIRATTmoffiL HOusE, RAvlLt"pRA, VADAARARA TALUK, HOZHIRODE DISTRICT 673 513.

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8¥ rev v.N.RRESAN NAiDlsEN

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EEipoNDENT/RESPONDENT NQL±2+

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NEW INDIA ASSURACE CchoANY I.TD ,

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CITY BEENCH, FAIR MOUNT BUILDING, 2ND FLcOR, P.0 ERANHIPAL", HOZHIHODE DISTRICT 673 006.

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BY ADV Slff .P.LISSY 00SE.

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THls roTon AcclDENT cIAIMs AppEL HAVING CCRE up ron ADMlssloN oN o2.o2.2023, THE counT On THE sjRE DAy DEI.IVERED THE FOI.LCNING :

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Mach NO. 345 0F 2019

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JUDGMENT

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When this matter was called today, the learned counsel for both sides were ad ;-den that the disputes betweefl the paffies have been settled afia that a joint statement has been filed.

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I have examined the joint statement and see that the claim of the claimant has been settled by the Insurance Company for an amount of Rs.1,04,200/-, inclusive of all interest .and cert.

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In the afore circumstances, I allow this appeal in terms of the Compromise Petition dated 01.01.2023 filed by the parties; with a djrection to the Insurance Company to deposit the said amount before the Tribunal, within a period of sixty days from the date Of receipt Of a copy Of this judgmerit; failing which the appellant will be entitled to interest on the afore said sum at the rate of 9% per annum until it is paid or recovered.

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Sd/- DEVAN RAMACHANDRAN, JUDGE

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Ism

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1 IA 1/2023 IN MACA 345/2019-Petition

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BEFORE THE Hofu'BL,E HIGH COLIRT oF acERAL.A AT EFLNAI€uLAi

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I.A."®. i of=023

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M.A.a.A. N®, 345 ®f2019

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N-ew India Assiirance Co. Ltd City Bralich, F!ar Mount Bulldir!g, 2nd floor, F>.C}. Eranhipalam, Kozhikode District - 6730d6.

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Vs.

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Ayisha, W/o Ammath, aged 64 years, Paikkattummal House, A

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dent/appellant/claimant hasr agreed to accept a total a 3S/- {RH?ees .3ffierfatebelfro±hf.viisand and two hundred only} final sa±lsfaction Of all her claims in the above case including the com interest and costs througt.lout. The appellant hereby undertal<e and no coercion or undLle influence is a!jplied and she has nat filed any clalm any other Court and that she will r.tot file any cla{m before any other Court !n respect of the same cause of action ln this claim.

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a( aptso&ife

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FS0 VERIFIED -12

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2 IA 1/2023 IN MACA 345/2019-Petiti

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The petitioner/respondent#ngurance company shall pay the said amount of Rs.1,04,ZOO/- (Rupees one lakh four thousand and two tiuncired only) to the appellant/clalrriant into the bank account mentioned below in pare for wlthln 60 days from the date of receipt of the copy of the judgment, after allowing this Compromise Petition and passing final order in this Appeal and inudefault the

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al"ount will carry 9Q/o< interest from the date of default.

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s: - Name Ay}sha,

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4. The appel!`ant/claim^arl€es s: - Name Ay}sha, Bank, BRANCH~ Thottilpalam, .Act?ount No.- 138410102571 CNRB00G1384

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In this circumstances, the above Appeal may be disposed in t compromi petition, making this compromise petition as part Of the without c{

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FSO VERIFIEI) -12

Ayisha, v. New India Assurace Company Ltd.

Case brief

What is this about?

What did the court decide?

Ayisha, v. New India Assurace Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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