Full Judgment
IN "E HIGH COURT 0F I(ERALA AT ERNAl(ULAM PRESENT ThE H0I\lou RABLE MR.JUSTICE C.S.I)IAS MONDAY, "E 28" DAY 0F FEBRUARY 2022 / 9" PHALGUNA, 1943 MACA NO. 34e7 OF 2ei§ Acal NST "E AWARD DATED ©5.04.2®i6 IN OpMv 618/2©i2 oF MOTOR Accl DENI CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT/PETITIONER : WILs ON S/0. POULOSE, KANNc OKKADAN HOUSE, VALLAPPADY DESOM, KODAl(ARA VILLAGE, MUKUNDAPURAM TALUK. BY ADV SRI .A. N .SANTHOSH REsroMDENTs/REspONDEMTs : 1 DILSON K.D. KANNAMPILLY HOUSE, MURIYAD P,0,, fH.Rfssu'R-68® 695. THE UNITED INDIA INSURANCE COMPANY LTD. KAL00R, KOCHI-682017. BY ADV SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION 0N 28.02.2022, THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING: MIACA NO. 3407 0F 2016 TUDGMENT The appeal is filed by the petitioner in O.P.(M.V) No.618/2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, 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 parties have alTived at an amicable settlement as per the terms and conditions in the Joint Statement dated 10.02.2022, which is signed by the parties and counter signed by the respective counsel.
4. I have perused the Joint Statement dated
10.02.2022 and found that the compensation amount agreed between the parties to be just and reasonable, and MACA NO. 34®7 0F 2®16 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 10.02.2022, 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 - insurer ln harmoniously settling the dispute and putting an end to the litigation, and also for saving precious judicial time. All pending interlocutory applications will stand closed. Sd/- C.S.DIAS rmm/28/02/2022 JUDGE Pre. On:22 /02/2022 BEFORE THE HONOURABLE HIGH COu RTOF KERALA AT ERNAKULAM M.A.C.A.I\lo. 3407 of 2016 Vvilson Appellant Vs. Dilson & ant Respondents a -prT JLro iiiiii 2rd e-a cotey +giv e A-N.S.ntho®h{s-|co) Counsel for the appellant C%`¢ f JateL ~AJir AJJ c-ray i.Sed ts an .prtybh EH- 2rd BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM M.A.C`A.No. 3407 of 2016 Vvilson Appellant Ditson & anr JOIm 8TA •'t.
BY -fiiii F3espondents i:ii= 2ul -ro1. The above appeal is ffled against the award in 0.P(MV) No. 618/2012 dated
S/4/2016 on the ffle of the Motor Accidents Chins Trfounal, Irinjalakuda. The origiml petition is filed by the appellant claiming compencatinn in respect of the personal injuries sustained by him in a road traffic accident occuned on No. KL45-B-3642 through Kodakara-Kallettumkara Road and when he reached near Koprakalam a car bearing Reg: No.KL-39-D-Temp-9239 came in a rash and neglisent manner and hit upon the motor cycle. The Tribund had grunted Rs. I,27,615/-a8 compensation along whh intere;t @ 8% p.a. from the date Of chain petition. It is challenging the quantum of compensation that the above appeal i3 ffled. Since the respondent had admitted the coverage of the insurance poliey in respect of the offending vehicle, the liabirity to pay the compensation i8 on the 2nd respondent. Hence the settlement is arrived at betveen the appellant and the 2nd respondent.
^Tpeunt.. VAtry Wilson Rcorrondca.: unilod India Insurance Company Ltd ® -2-
2. The appel]ant above named and the 2nd respondent have negotiated the
matter out of court and willingly arrived at a compromise settlement in fun and rmal settlement of all the claims of the appellant against the respondent arising out of the accident and the original petition mentioned above. It is agreed that the end respondent insurance company Shall pay an additional amount of R8. 2,00,000/- (Rupees Two lalch8 Only) inclusive of all interest and cost to the appelhnt try way Of full and fiml settlement of all the chime of the appeuint against the 2nd respondent.
3. The 2nd respondent hereby agrees to deposit the above amount before the 8 Thbunal within a period of 2 montho from the date of receipt of a copy of the judglnent from the Honble High Court, in case of default as stated above the 2nd respondent is liable to pay interest @ or/a flom the date Of defaulter.
4. There is no threat coercion or undue influence in arriving at the above
settlement. This settlement win form pan or the judgment of the Honble High court of Kerah. Dated this the loth day Of February, 2022 ^pp.ucot : wncon LebLfro Z- keqund.bt: Upi(od India Insurance Conipany Ltd ---::i--i: u tit. q. uN P. N. ; / Manager Counsel for the Appelfant P. J- Mathew Couneel for the respondent FSO VERIFIED-20