Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 MACA NO. 1091 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPMV 254/2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PATHANAMTHITTA APPELLANT/S: ABRAHAM ALEX, AGED 41 YEARS KARUKAYILPUTHEN VEEDU, NIRANAM CENTRAL P.O., NIRANAM VILLAGE, THIRUVALLA TALUK. BY ADV T.K.KOSHY RESPONDENT/S: 1 RAJESH B. S/O BALAN, MANALIL HOUSE, KUTTAMPEROOR P.O., MANNAR- 689622. 2 DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, KHAISE BUILDING, OPP. BENZIGAR HOSPITAL, BEACH ROAD, KOLLAM-691001. BY ADV SRI.JOHN JOSEPH VETTIKAD-R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.1091 of 2019
C.S DIAS,J.
--------------------------- MACA No.1091 of 2019 ----------------------------- Dated this the 31st day of March, 2022.
JUDGMENT
The appeal is filed by the petitioner in OP(MV) Tribunal, Pathanamthitta, seeking enhancement of compensation.
2. On the suggestion made by this Court, the appellant and the second respondent agreed to explore the possibility of settling their dispute through direct negotiation.
3. Pursuant to the settlement talks held in this
Court, the above parties have arrived at an amicable settlement as per the terms and conditions in the joint statement dated 22.3.2022, signed by the parties and countersigned by their respective Counsel.
4. I have perused the joint statement dated
MACA No.1091 of 2019 22.3.2022 and found that the compensation amount agreed between the parties to be just and reasonable, and that the settlement is in accordance with law.
5. In the result, the appeal is allowed as per the
terms and conditions in the joint statement dated 22.3.2022, which shall form part of the judgment. This Court places on record its appreciation for both the appellant as well as the second respondent/ insurer in harmoniously settling the dispute and putting an end to the litigation, and also for saving the precious judicial time. SD/- Sks/31.3.2022 C.S.DIAS, JUDGE BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Of Year 2022 ln MACA No.1091/2019 0 ABRAHAM ALEX, Petitl'oner V/S RAj ESH 8. and another Respondents INDEX SI C ontents Page NOs 1 settlement : Joint statement 1-2 Sd/- E-VERIFIED FSO VERIFIED-7 :iiE E-CA NO : CA-2022-003759 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Of Year 2022 u MACA No.1091/2019 ABRAHAM ALEX, Petitioner Vs RAJESH 8. and another Respondents u )oint Statement filed by the Parties Sd/- E-VERIFIED JOHN JOSEPH VEITIKAD K/869/1989 FSO VERIFIED-7 1I2 MACA\ No.109112019 (CA-2022-003759 ) BEFORE THE HON'BLE Hl€H COURT OF KERALA, AT ERNAKUIA» M.A,C,A,Nc.. iogi / aeig Abraham Atox I., Appellant ® V§' Rajech a. andanother ... Respendents L REffREREREHffigrIA_nI_AHRE
1. The atone appeal is fiife a{ialnst the award dated 25-09-2018 in
0.P. (MV) No. 254/2015 of the M.A.C..r. Pathanamthitta. The original petition is filed by the appellant claiming ensatiQn in respect Of the injuries Sustained by him ln a motor vchicl nt which QeeuTred on 30-10-2014 involving an auton`kshaw bearing r No. KL - 30 / a - 3542 insured with the 2nd iespendent. The had granted Rs. 2,03,519/- as compensation along Vlrm lnteresi @ 8`:'o p.a. from 11-li3-2015 onwards, It i§ rl challenging the quantum of §ation that the atone appeal is flffl.
2. The 18t respondent has not appeared in the appeal. Since the 2nd
respondent has admitted the coverage Of the Insurance pelicy in respect Of the offending vehicle, the ljabilify to pay the compensa'{ion is on the 2nd reapndent.Hencethesettlementisarriveda!ob,ea#n88%a?f%P.pellantandthe 2nd respondent. #hlexAbgr±v4/ou FS0 VERIFIED - 7 2I2 MAICA No.109112019 (CA-2022J)03759 )
3. The apreil£!it and the 2rd respondent have negotiated the matter
out Of court and willir\ijly arrived aL a €ompronise se{{!©men{ in full and final settlement of all the c.I?ims Of the appeilgnt against the 2nd respondent arising out of the accident and the original petiJjon mentioned above. It is agreed that the 2nd respendent shall pay an addjtienal amount Of Rs, 4,10,000/-(Rupees four lakhs and ten tri7usand only) incjt`isive of all interest and costs to the appctlants by way Of full and final setttemen{ of all the €!aim§ Of the appellants against the respondent. u
4. The respondent hereby agrees to transfe!. by way Of NEFT the J above amount Of R§. 4.10,000/-(Rupees four {akhs and ten thousand only)
within a period Of .}0 days from the date of receipt Of the copy Of the judgment
from the Hon'ble High Court, in the bank account of the appellant. The appellant shall providf; a true copy Of his track paesbeck and Aadhaar card to the respendent withir lu days o'f receipt Of copy Of the judgment from the Hon'ble High Court tc effect payment. In any event the said amount is not deposifed a§ aforesai& the amount vrj{Sid carry intares[ 9% p.a. from the date Of default.
5. There is nD threat, coercior ¢r undue iflfluence in arriving at the
above se"emeni. There is no wi§take in arrrfing at the `settlement either. u We hiimbly rquuest this Hon'ble Court to record this joiiit statement U and to pags a ,judgment in terms thereof. Dated on this the 22ndday Of March, 2022 Appellant: I I__rfuf`&rf, / Abraham Alex T.K. Kos'hy Counsel for the Appellant For and on B©r!alf of `- THE NEW INDIA ASSURANCE C0 LTD. Duly Consli Respende Mffffiew India Ady. `lohn Joseph Vettikad Assurar,ce Company Lit;I, Counsel T.or the 2nd respondent FSO VERIFIED -7