MACA. No.792/2018 1 2025:KER:27029 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 MACA NO. 792 OF 2018 AGAINST THE AWARD DATED 11.09.2017 IN OPMV NO.598 OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT/PETITIONER: SANTHOSH S/O. JANARDHANAN, KOLANGARA HOUSE, THUMBUR DESOM, VILLAGE & P.O., KOTTANELLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADVS. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT/RESPONDENT: RELIANCE GENERAL INSURANCE COMPANY LTD 2ND FLOOR, GLOBAL PLAZA, NEW RAILWAY PLATFORM, VANCHIKULAM ROAD, POOTHOLE, THRISSUR -680004, REPRESENTED BY ITS BRANCH MANAGER. BY ADVS. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA. No.792/2018 2 2025:KER:27029 J U D G M E N T Dated this the 28th day of March, 2025 The matter is settled. Joint statement filed is accepted. Appeal is disposed of as per the terms of the Joint statement. Joint statement will form part of the judgment. Sd/- C. PRATHEEP KUMAR, JUDGE sou. BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM `' M.A.C.A.No. 792 Santhosh Vs. Reliance General Insurance Company Ltd of 2018 Appellant Respondent @ JOINT STATEMENT FILED BY THE APPELLANT iAVD THE RrsroNDENT 1. The above appeal is filed against the award in OP (MV) No. 598/2014 which was disposed of by the Motor Accidents Claims Tribunal, Irinjalakuda by award dated 11/9/2017. The original petition is filed by the appellant claiming compensation in respect of the personal injuries sustained by him in a road traffic accident occurred on 1/5/2014 at about 12.30 pin while the appellant was riding a motor cycle bearing Nd. KER-2031 through Mala-Aloor road and when he reached near Aloor Railway Gate, a Car bearing No.KL45-C-9703 came in a rash and negligent manner and knocked down the appellant. As a result of the accident the appellant sustained serious injuries. The Tribunal had granted Rs. 2,74,640/- as compensation along with interest @ 90/o 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 respect of the offending vehicle, the liability to pay the compensation is on the respondent. Hence the settlement is arrived at between the appellant and the respondent. Appellant : Santhosh roRREiIANc[G[NERAiiN§uRANc[cO.in. fflgiv Respondent: Reliance General lnsur:;.£:-`€:'6#+pany Ltd c3r 2. The appellant above named and the respondent have negotiated the matter out of court and willingly arrived at a compromise settlement in fun and final settlement of all the clains of the appellant 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 amount of Rs. 2,68,000/- (Rupees Two Lakh Sixty Eight Thousand only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellarit against the respondent. 3. The respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from the date of receipt of a copy of the judgment from the Honble High Court, in case of default as stated above the respondent is liable to pay interest @ 8°/o from the date of defaulter. 4. There is no threat coercion or undue influence in arriving at the above settlement. This settlement will fomi part of the judgment of the Honble High court of Kerala. Dated this the 12th day of March 2025. Appellant : gAIAVtw%ch4:i Respondent: Reliance General Insurance Company Ltd A.N.Santhosh Counsel for the Appellant foRR[llANC[G[NERAllNsllRANC[CO.Ilo. ffe±:i,I rm7 24 wl 6trrf§el for the respondent