IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 297 pay OF JUNE 2022 / 8TH ASHADHA, 1944 MACA NO. 2675 OF 2014 AGAINST THE JUDGMENT IN OPMV 954/2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI APPELLANT/ PETITIONER: HAMZA CHOLAYIL AGED 56 YEARS S/O.ALAVI, CHOLAYIL HOUSE, KINATTINGAL, P.O.KARULAI,NILAMBUR, MALAPPURAM DISTRICT. BY ADVS. SRI.P.SAMSUDIN SRI.K.C.ANTONY MATHEW RESPONDENT/2ND RESPONDENT: THE ORIENTAL INSURANCE CO. LTD. JASEELA COMPLEX, NILAMBUR ROAD, MANJERI - 676 121,MALAPPURAM DISTRICT. BY ADV SRI.S.K.AJAY KUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 754 OF 2018 Sathish Ninan, J. Dated this the 29* day of June, 2022 JUDGMENT
Pending the appeal, parties have settled the disputes amicably. They have filed a joint memo of settlement to the said effect. The terms of settlement have been stated therein. A modified award is passed in terms thereof. The joint memo of settlement will form part of the judgment.
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Sathish Ninan, Judge rsr BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM Hamza Cholayil ees Appellant Vs, Oriental Insurance Company Ltd... Respondent JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT OIN TERMS OF THE SETTLEMENT i, The above appeal is fled by the appellant challenging the quantum of compensation awarded. The matter has been discussed and settled between the appellant and the respondent and it has been agreed ta settie the case on the fallowing terms and conditions:
2. The appellant above named and the respondent have willingly arrived at a compromise to settle the claim in full and final settlement for Rs 1,35,060/- (Rupees One Lakh Thirty Five Thousand Only inclusive cost and interest.
3. The appellant have agreed to relinquish the entire further claim in the claim petition and appeal.
4. There is no threat, coercion or undue influence in arriving at the above settiernent, There is no mistake in arriving at the settlement either. We humbly request this Honourable court to record this Joint Statement and to pass a judgment in terms thereof. We further state that the ebave named respondent has agreed to deposit an amount of Rs.1,35,000/- (Rupees One Lakh Thirty Five Thousand Orly) before the MACT, Manjeri as directed.
6. The saicd amount shall be deposited within one month's time of the date of nn of the judgment from this Hancurabdle court falling which interest at rate of & % shall be paid 624 Dated on this the 28° day of May, 2022 Appellant: 4 wee Ady. SK be kurae Counsel for the restondent Respondent: M/s Ort Company Ltd.