IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 2474 DAY OF JUNE 2022 / 3RD ASHADHA, 1944 MACA NO. 2766 OF 2021 AGAINST THE ORDER/JUDGMENT IN OPMV 848/2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , KOTTAYAM APPELLANT/PETITIONER: SANTHAMMA, AGED 70 YEARS W/0.RAMAKRISHNAN @ THANKAPPAN, THAKADIYIL HOUSE, IRAVICHIRA BHAGOM, THOTTACKADU VILLAGE, VAKATHANAM, KOTTAYAM BY ADVS. P.M. JOSHI SIJI K.PAUL BONNY BABY RESPONDENT/3RD_RESPONDENT: THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO. LIMITED, KOTTAYAM 686 001 BY ADV K.S.SANTHI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 2766 OF 2021 2 SATHISH NINAN, J. Dated this the 24* day of June, 2022 JUDGMENT
Pending the appeal, the parties have arrived at a settlement. A joint statement has _ been filed to the said effect incorporating the terms of the settlement. A modified Award is passed in terms thereof. The joint statement filed by the parties will form part of the judgment.
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SATHISH NINAN JUDGE sd E-CA NO : CA-2022-006835 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM MACA No.2766/2021 i SANTHAMMA : Petitioner THE DIVISIONAL MANAGER ~~ SETTLEMENT MEMO BF eg E ohs aPog o he Sd/-
E-VERIFIED P.M.JOSHI K/754/1993 FSO VERIFIED-7 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM Of Year 2022 in MACA No.2766/2021 SANTHAMMA : Petitioner THE DIVISIONAL MANAG SL Contents \ e " a : Page Nos 1 settlement memo : settlement memo™ y 1-1
-- E-VERIFIED P.M.JOSHI K/754/1993 FSO VERIFIED-7 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.
MACA NO. 2766 OF 2021 SANTHAMMA Rahdyvenh Appellant.
Vs.
NATIONAL INSURANCE CO. LTD __..... Pesnoid Respondent.
JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL.
The above is an appeal against the award dated 19-02-2021 in OP(MV) No.848/2017 of the Motor Accidents Claims Tribunal, Kottayam. The original claim is one under Section 166 of the Motor Vehicles Act 1988 for injuries suffered by the appellant/claimant.
The learned Tribunal after finding negligence on the insured vehicle awarded a compensation of Rs.1,22,000/-. The respondent insurer was made liable to pay the same with interest at 8% and proportionate cost. Dissatisfied with the quantum the claimant is in appeal.
The appellant/claimant and the respondent National Insurance Company Ltd had discussed the matter during the settlement posting on 4-03-2022. The appellant has agreed to receive Rs.29,000/- (Rupees Twenty Nine Thousand only), (which is inclusive of interest component) in addition to the compensation already awarded by the Tribunal towards full and final settlement of all claims in the appeal. The respondent insurer has agreed to pay the above amount.
The appellant shall furnish the bank account particulars of the appellant within one month from the date of judgment. The respondent insurer shall deposit the amount within one month from the date of receipt of the account particulars. In case the insurer fail to deposit the amount after receipt of the account particulars as stipulated above the amount shall carry interest at 7% after the date of default.
Dated this the 4" day of April , 2022 at Ernakulam.
ARBRE. RESPONDENT:
Counsel for the Appellant. Counsel for the respondent \For NATIONAL INSURANCE.CO. LID. ; Authofised Signatory.
Pro: Jo&h K¥63/94,