Full Judgment
IN THE HIGH COURT OF KERALA AT ERl\IAI{ULAM
PRESENT THE HOINOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 24" DAY OF FEBRUARY 2©22 / 5" PHALGUNA, 1943 MIACA NO. 19© OF 2®19 AGAINST THE AWARD EIATED 2€.09.2®ae 1« er±RAr ±9±/2o+ae OF TI+I HoleR ACCIDENT CLAIMS TRIBUNAL , THODUPUZHA APPEL LANT/CLAIMIANT :
RAJAMMA AGED 54 YEARS W/0.SUKUMARAN, VADAKKEDATH HOUSE, THALAPPULAM. P.0. , PLASSANAL, NOW RESIDING AT VADAKEDATH HOUSE, THUDANGANADU KARA, MUTTOM VILLAGE. BY ADVS. MATHEWS K.PHILIP SMT . T . MANASY RESPONDENTS/RESPONDENTS : 1 BABU MATHEW, ARIYAPPILLIL HOUSE, KURIANAD.P.0., MARANGATTUPAL LY -686636 . UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISI0NAL MANAGER, DIVISIONAL OFFICE, MUVATTUPUZHA .
BY ADV SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION 0N 24.02.2022, THE C.OURT 0N THE SAME DAY DELIVERED THE FOLLOWING: RACA NO. 190 0F 2019 TUDGMENT The appeal is filed by the petitioner in O.P.(M.V) No.191/2018 on the file of the Motor Accidents Claims Tribunal, Thodrlpuzha, seeking eHhaHcement of compensation.
2. On the s-uggestion ma[de by this` Court, the appellant and the second respondent agreed to explore the possibility Gf settling thofr dispute through direct negotiation. 3, PursHant to the. settle-memt talks he-ld in this Court,
the parties have arrived at an amicable settlement as per the terms and conditions in the Joint Statement dated 11.02.2022, which is signed by the parties and counter signed by the respective counsel.
4. I have perused the Joint Statement dated
11.02.2022 and found that the compensation amount agreed between the parties to be just and reasonable, and MACA NO. 19© OF 2®19 that the settlement is in accordance with laLw.
5. In the result, the appeal is allowed as per the terms and conditions in the joint Statement dated 11.02.2022, which shall form a part of the judgment.
6. This Court places on record its appreciation for both the appellant as well as the second respondent - iH§uFer iH harmoniously settling the dispute and puttiiig
an end to the litigation, and also for saving precious judicial time. All pending interlocutory applications will stand closed. Sd/- C.S.DIAS JUDGE ram/24/02/2022 bfukgr,- Presented On : c9i )a \ dec$3 RE TEE HONOURABLE I-IIGH COURT OF KERALA AT EENAKt JLAM -\ MACANo. 190 /2019 # Rajamma • Appellant Vs. Babu Mathew & another Respondents IQEJTS,TATEMENT2FH:EPESB#APPELLANTANDTRE A I+i beg evT ± ite#j# i. gfui I ke i fro y2_ :`zf-I-------`---`-`t- ~[.-jJ` MAIHEWS 'K. PHILIP ADVOCATE K/129/1986 Karithala Road` Cochin - 1 F Ph .. 2321122, 2316188 Counsel for the appellant Counsel for the respondent Ace. ng cx , P . f-a -3_ i+ \\= K-`3,I 6.his `r=hadyvnth¢{;vnlp~ =\c-\`a{- givififeA/ K H c fr ffi r I BEFORE TIH HONOURABLE HGH COURT OF KERALA AT ERNAKELAn4 MACA `No. 190 / 2019 Rajamma Appellant Babu Mathew & another Respondents ]OENTSTALTEMEN"2ELEESBp%;NDEEENTAPPELANTANDTFFE-
1. The above appeal is filed against the award dated 28.9.2018 in O.P.(MV) No.191/2018 of MACT Thodupucha. The original a
petition is filed by the appellant claiming compensation in respect of the injuries sustained by him in a motor vehicle accident which occurred on 17.11.2016 involving the Car bearing registration No. KL-35-E-3256 insured with the 2nd respondent. The Tribunal had granted a sum of Rs.5,11,640/-as compensation with interest @ 9% p.a. from the date of petitiori. It is challenging the quantum of compensation that the above appeal is filed. Since the 2nd respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the 2nd
® respondent. The services of notice on the lst respondent was dispensed with at the risk of the appellant by the High Court. Nevertheless, the presence of lst respondent is not needed before this Honourable court since the accident and the policy are admitted. Hence the settlement is arrived at between the appellant and the 2nd respondent.
Appellant : Rajamma 2nd Respondent India Insura] IAMAan a Company Ltd. ItIut DrtyNhRgr I
2. The appellant above named and the 2nd respondent have negotiated
the matter out of court and willingly arrived at a compromise settlement in full and final settlement of all the claims of the appellant against the 2nd respondent arising out of the accident and the original petition mentioned above. It is agreed that the 2nd respondent shall pay an additional amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) inclusive of all interest and costs to the appellant by way of full and final settlement of all the claims of the appellant against the 2nd respondent. a 3. The 2nd respondent hereby agrees to transfer by way of NEFT the
above amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) within a period of 30 days from the date of receipt of the copy of the judgment from the Honourable High Court, to the following bank account of the appellant, the details of which Adhar No.6590 7977 2065, Account No.57018866398, IFSC Code :SBTR0000480, State Bank of Travancore, Plassanal, P.B. No.1., and the appellant shall provide a true copy of his bank pass book from page and Adhar Card to the 2nd respondent within 10 days from the date of receipt of copy of the judgment from the Honourable High Court for enabling
® the 2nd respondent to effect the payment of the a*di#al amount, failing which the said amount will cany 9°/o interdsflrfuthe date of rfu ng. `tt]!£€iiz;M vifef¥¥# default. •\xp/ Appellant : Rajamma 2nd Respondent : ted India Insuran :REnpi any Ltd. rd* IAxrs REE a a,gde DftyNa,qu i
4. There is no threat, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at the settlement either. It is therefore prayed that this Honourable Court to record this joint statement and to pass a judgment in terms thereof.
Dated this the llth day of February, 2022. EE Advocate Rajamma Counsel for the appellant Ws United India dv. P.A. Raziya Insurance Co ny Limited Counsel for the 2nd respondent wh* u |AVASREE G giv de DeputyManger ¥fe' t#.;ba-¥~- t# £+Li##rfe`d¥{E€€ ¥¥*rfeut# fr#3~ i +afutr i ftyi. u¥t. 5+r.