Kerala High Court
Asokan.G vs Vivekanandan on 16 April, 2025
MACA No,4502 of 2019
2 02 5 : KER : 32 611
IN THE HIGH CoURT oF ImRALA z¥T E AKUI.AM
PRESENT
THE HONoURABLE in. JusTlcE I.R.RzlvI
REDRESDA¥, THE 16TH DAY OF APRII] 2025 / 26TH CHAITHRA, 1947
imcA No. 4502 oF 2019
AGIAINST THE com4oN AWARD DATED 14.12.2ol8 IN op(Mv)
NO.,100 0F 2015 0F MOTOR ACCIDENT CIAIMS TRIBUNAI., PUNAI.URo.
APPEI+ILZENTS / PETITIONERS :
ASOEN G. ,
AGED 39 YRIRS,
S/0. GOPAEN , KAMPAKATHUMOODU VREDU,
pinHAR, cHANNAppETTA p.0. ,
AIA¥AMON VII.IAGE, PIN-691311.
REMENI ,
AGED 38 YEZRS,
D/o. BHAI , Kzu}apARATHUMooDu VREI)u,
PUTHAR, CHENAPPETTA P.O. ,
ALAYAMON VILIAGE, PIN-691311.
IroIRA,
AGED 36 ¥Ezms,
D/o. BHAI , KzueARATEIUMooDu vEEI>u,
PUTHAR, CHANNAPPETTA P.O. ,
ALAYAMON VIIiliAGE, PIN-691311.
8¥ ADv SEBIN THorns
RE SPONDENIS /RESPONDENTS :
vlvEKENaeEN ,
ABHISHEKAM, AGASTHIACODU ,
ENCHAL P.O., PIN-691306.
MACA No.4502 of 2019
2025 : KER: 32611
ENIMON ,
S/0. SATHYADEVAN, ANIIi BHAVEN,
AREEPIACHY P.0. , KURIJVIKONAM, 691333.
THE ENAGER, sHRIRzn¢ GENERAL INsuRANCE cO. I.TD. ,
AZAD BulmlNG, ArmmNcovll, ROAD ,
E AKULm4-682 035.
BY ADV doHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAli HZ\:VING COME UP FOR
FINAL HEARING ON 16.04.2025, THE COURT ON THE SAIE DA¥
DELIVERED THE F0I.I-OWING :
MACA No.4502 of 2019
2025 : KER: 32 611
T.RIRAVI, J.
MACA No.4502 of 2019
Dated this the 16th day of April 2025
JUDGMENT
When the case was taken up, it was submit:ted that the parties have arrived at a settlement. A I.oint statement has also been filed. In view of the joint statement and settlement between the parties, this appeal is disposed of in terms of the joint statement.
The parties shall abide by the undertakings in the I.oint st:atement:.
The joint statement shall form part of t:his I-udgment.
Sd/-
T.R.RAVE JUDGE ak Presented on s 27J)3-2025 •., E-CA NO : CA-2025-015081 BEFORE THE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAM MACANo.4502/2019 A ASOKAN,G., and others Petitioner VIVEKANANDAN, and others Respondent JOINT STATEM ENT Sd/-
E-VERIFIED JOHN JOSEPH VEITIKAD K/869/1989 FS0 VERIFIED-16 / BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM MACA No.4502/2019 I'reserked on = Z7-03-2025 ASOKAN.G., and others P'etitioner V/S VIVEKANANDAN, and others Respondent INDEX SL Contents Page NOs Joint Statement : Joint Statement 1-1 Sd/-
E-VERIFIED JOHN JOSEPH VEITIKAD K/869/1989 FSO VERIFIED-16 BEFORE THE HONOURABLE HIGH COURT OF I(ERALA AT ERNAKULAM MACA No.4502/2019 ASOKAN.G & 2 OTHERS APPELLANTS/CLAIMANT.
VIVEKANANDAN & 2 OTHERS RESPONDENTS JOINT STATEMENT FILED BY THE APPELLANTS AND THE THIRD RESPONDENT
1) The above appeal is filed from the judgment in OP(MV) 100/2015 on the file of Motor Accidents claims Tribunals, Punalur, The Court below passed an Award for an amount of Rs. 4,71,000/-
2) Being aggrieved by the award, the Appellant/claimant has filed this Appeal before this Hon'ble Court for enhancement of the compensation. During the pendency of this Appeal, the matter has been settled between the appellant and the insurer of the offending vehicle, the 3rd Respondent. The 3rd Respondent, the insurer agreed to pay further amount of Rs. 5,50,000/-including interest as additional compensation in the above Appeal.
3) The 3rd Respondent hereby agrees to transfer the above amount of Rs. 5,50,000/-(Rupees Five Lakh and fifty Thousand only) to the account of the Appellant within a period of t`^/o months from the date Of receipt Of the copy of the judgment from the Hon'ble High Court Of Kerala and if failing in which the said amount will carry interest at 9% from the date of default.
4) There is no threat, collusion, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at this settlement either.
ForShrfroCco.nlm~Co.ul.
Dated this the 26th day of March 2025.
N,'oipr¥ APPELIANTS : 3rd RESPONDENT -Sgivrty 1, ASHOKAN. G& SHRIRAM GENERAL
2. RAMANI
3. 'NDIRA gr HmEIEZ*'L. INSURANCE CO.LTD.
COUNSEL FOR 3rd RESPoNDENT.
:-?-iff:i--I-:--;----
-,an^-,t tf#pr#ft`##IQ%#v{/-fro/ COUNSEL FOR THE APPELIANTS