IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 24™ DAY OF JUNE 2022 / 3RD ASHADHA, 1944 MACA NO. 440 OF 2016 AGAINST THE ORDER/JUDGMENT IN OPMV 1307/2012 OF ADDITIONAL DISTRICT COURT & IST ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , ALAPPUZHA. APPELLANT/S: 1 FALGUNAN, AGED 58 YEARS S/0. KESAVAN, FAOLGUNAPURAM HOUSE, CHERTHALA SOUTH, PANCHAYATH WARD NO.4, ALAPPUZHA DISTRICT. ADDL.R2 VIJAYAMMA, AGED 60 YEARS W/O LATE FALGUNAN, FALGUNAPURAM HOUSE CHERTHALA SOUTH, ALAPPUZHA DISTRICT PIN-688539 ADDL.R3 DEEPA, AGED 39 YEARS,S/0.LATE FALGUNAN, FALGUNAPURAM CHERTHALA SOUTH, ALAPPUZHA DISTRICT,PIN -688539 ADDL.R2 AND R3 ARE IMPLEADED AS APPELLANTS 2 AND 3 IN THE APPEAL IN VIEW OF THE DEATH OF THE FIRST APPELLANT, AS PER ORDER DATED 01.04.2022 IN I.A. NO.1/2022 BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT/S: 1 DR. BOBBY DEVASIA,S/0. V.T.DEVASIA, KAYYALA PARAMBIL HOUSE, CHALAKKUDY MUNICIPALITY, WARD NO.25, CHALAKKUDY P.0., NEAR CHALAKUDY SCANS & TRISSUR HOUSING BOARD, THRISSUR DISTRICT (PREVIOUS ADDRESS) DR.BOBBY DEVASTA, DEEPAM HOUSE, KRISHNA NAGAR, KOTHAKULANGARA, ANGAMALY, PERUMBAVOOR - 683 547. 2 MS. BAJAJ ALLIANCE GENERAL INSURANCE CO.,REP. BY ITS MANAGER, IIIRD FLOOR, KALOOR, ERNAKULAM - 682 017. BY ADV SRI.AKHIL K.MADHAV 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. 440 OF 2016 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 TA-202209041 - IA 2/2022 IN MACA 440/2016 1/4 Filed on: - 8.06.2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA, AT ERNAKULAM LANo. 2 of 2022 in MACA No. 440 of 2016 A Bajaj Allianz General } Petitioner/ 3 Respondent insurance Campany Limited Vv.
Falgunan and others }._...Respandents/Appellants *AKHIL FEMADHAV COUNSEL FOR PETITIONER/ 3° RESPONDENT & AT.ANILKUMAR COUNSEL FOR 2"° & 38° RESPONDENT/APPELLANT gp SRO Recent "Bl lewre -
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WA E-VERIFIED a AKHIL K.MADHAV ' K/936/2010 FSO VERIFIED-45 IA-202209041 - IA 2/2022 IN MACA 440/2016 2/4 BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM 1A.No. 2 of 2022 in MACA No. 440 of 2016 PETITIONER/ 3° RESPONDENT Bajaj Allianz General Insurance Company Limited, a company incorporated under the Companies Act, having its registered office at rf GE Plaza, Airport Road, Yerwada, Pune- 411 006 represented by its Senior Legal Executive, Reshma A, aged 32 years, D/o Ashok P., having office at 3° Floor, Coastal Chambers, Opp. Mercy Estate, M.G. Road, Ravipuram, Cochin, Pin- 682015.
RESPONDENTS/APPELLANTS .
1) Falgunan, ee Aged 63 years, S/o Kesavan, Faolgunapuram House, Cherthala South, Panchayat werd No.4, Alappuzha District, Pin- 688530. (Died on 23.42.2021)
2) Vijayamma, aged 60 years, W/o. Late Falgunan, Falgunapuram, Cherthala South, Alappuzha District, Pin- 688539. (Additional appellant impleaded LR's of 1*' Appellant)
3) Deepu, aged 39 years, S/o. Late Faigunan, Falgunapuram, Cherthala South, Alappuzha District, Pin-688539. (Additional appellant impleaded LR's of 1** Appellant)
4) Dr. Bobby Devasia, S/o. V.T. Devasia, KayyalaParambil House, Chalakkudy Municipality Wards No. 25, Chalakkudy P.O, near Chalakudy Scans & Trissur Housing Board, A Thrissur District. (Previous Address) Dr. Bobby Devasia, Deepam House, Krishna Nagar, Kothakulangara, Angamaly, Perumbavoor-683547.
(2) UES BGAMITR Vz Sova Ca) DECLA Dee Pur PUSS A GVH Gel PSO VERT ERD a5 IA-202209041 - IA 2/2022 IN MACA 440/2016 a 3/4 C2) C3) PSO VEMIPEED a5 JOINT COMPORMISE PETITION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908
1) The above appeal is filed against award dated 20.04.2015 in O.P(M.V.)No. 1307/2012 of Motor Accidents Claims Tribunal, ' Alappuzha. The petitioner is the Insurer/ 2 respondent in the appeal and the 1* respondent died on 23.12.2021 and the 2™ and 3" respondents are legal heirs.
2) The parties have entered into a settlement out of Court after filling of the appeal. As per the terms of settlement the 2™%& 3respondents has agreed to accept a total amount of Rs. 1,85,000/- (Rupees One Lakh Eighty Five Thousand Only) in full and final satisfaction of all their claims in the above case including the compensation, interest and costs throughout.
3) Out of the settlement amount an amount of Rs. 92,500/- shall be deposited through NEFT in the account in the name of the 2™ respondent in Federal Bank, Cherthala South Branch, Cherthala, Alappuzha Place having Account No. 17510100043719 and IFSC Code : FDRLO001751
4) An amount of Rs. 92,500/- shall be deposited through NEFT in the account in the name of the 3" respondents in Federal Bank, Cherthala South Branch, Cherthala, Alappuzha Place having Account No. 17510100018232 and IFSC Code FDRLOO01751 LS CfA IVA ie fies Ruel Winn General ins DOC LA De eyy IA-202209041 - IA 2/2022 IN MACA 440/2016 4/4
5) The 4 respondent is only a formal party and the appellants does not have a claim against the 4" respondent.
6) In the circumstances, the above appeal may be disposed in terms of this compromise petition, making this compromise petition as part of the final order, without costs.
Facts stated above are true and correct.
"us sivong Genernt inser. , ADated the 23" day of May 2022 autho 2™4 Respondent : Vijayamma \é MUNORLEE Dignedanes Petitioner 3° Respondent : Deepu t eg ' Po yee 1 Akhil K.Madhav A.T. Anitkumar Counsel for Petitioner Counsel for the 2°& 3° Respondent PSO VERIFIER D