Kerala High Court
Mr. Baby vs * 1 Smitha Davis on 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA, 1942
MACA.No.1908 OF 2015 (E)
AGAINST THE AWARD IN OPMV 508/2012 DATED 08-10-2014 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL , ERNAKULAM
APPELLANTS /PETITIONERS :
1 MR. BABY
AGED 51 YEARS
$/Q,.THOMASN, AVOOKKARAN VEETTIL, KARIVELIPARAMP,
EDAPPALLY NORTH P ©, KOCHI 682024
2 MISS .SONIA
AGED 25 YEARS
D/O.BABY, AVOOKKARAN VEETTIL, KARIVELIPARAMP,
EDAPPALLY NORTH P O, KOCHI 682024
3 MISS .SANU
AGED 21 YEARS
D/O.BABY, AVOOKKARAN VEETTIL, KARIVELIPARAMP,
EDAPPALLY NORTH P 0, KOCHI 682024
BY ADV. SRI.K.V.RAJAN
RESPONDENTS / RESPONDENTS :
* 1 SMITHA DAVIS
W/O.DAVIS, KANJOOKKARAN HOUSE, ATHANI,KAKKANAD P 0,
KOCHI 682030
* 2 ROSHAN DAVIS
8/O.DAVIS, KANJOOKKARAN HOUSE, ATHANI,KAKKANAD P 0,
KOCHI 682030
3 BHARATHI AXA GENERAL INSURANCE CO LTD
5TH AND 6TH FLOOR, MODAYIL CENTRE POINT,
PALLIMUKKU, M G ROAD, KOCHI 682035
* [RESPONDENTS 1 AND 2 ARE DELETED FROM THE ARRAY OF PARTIES AS
PER JUDGMENT OF THIS COURT IN MACA 1908/2015 DATED 03.02.2021]
Rl BY ADV. SRI.R.AJITH KUMAR 12884
R3 BY ADV. SRI.R.AJITH KUMAR (128/84)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
SATHISH NINAN, J.
EE EE eee eee
EEE eee eee
Dated this the 3 day of February, 2021
JUDGMENT
Pending the appeal, the appellant-claimant and
the third respondent-Insurance Company have entered
into a settlement. A joint memo has been filed
incorporating the terms of the settlement. The
appeal is disposed of in terms thereof. The
memorandum of settlement will form part of this
judgment. In view of the fact that the policy jis
admitted and compromise is entered into between the
claimant-petitioner and the third respondent,
respondents 1 and 2 are deleted from the array of
parties.
Sd/-
SATHISH NINAN
JUDGE
kns/-
/f{True Copy//
P.S. to Judge
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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
M.A.C.A.No. 1908 of 2015 oo
Baby & others : Appellants / Petitioners
Vs.
SmithaDavis & others Respondents/ Respondents
, un *
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'ye
JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS
OF THE SETTLEMENT
PO OOS 12 aw 00
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aus
VU
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
M. A.C. A.No. 1908 of 2015
Baby & others : Appellants / Petitioners
Vs.
Smitha Davis & others Respondents/ Respondents
JOINT MEMO OF SETTEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS
OF THE SETTLEMENT
The above Appeal is filed by the appellants for enhancement of the quantum of
compensation awarded. The matter has been discussed between the appellants and
the 3% respondent and it has been agreed to settle the case on the following terms and
conditions.
The appellants above named and the 3" respondent has willingly arrived at a
compromise to settle the claim in full and final settlement for Rs.7,95,000/- (Rs. Seven
Lakhs Ninety Five Thousand Only) inclusive of the cost & interest.
The Appellant has agreed to relinquish the entire further claim in the claim
petition and the appeal.
No threat, coercion or undue influence is applied. There is no mistake in arriving
at the settlement either. We humbly request this H'ble Court to record this joint
statement and to pass a Judgment in tenns thereof.
We further state that the above named 3" Respondent has agreed to deposit
cheque/cheques in the MACT or fund iransfer to the account of the petitioners an
amount of Rs.7,95,000/- (Rs. Seven Lakns Ninety Five Thousand Only) as directed by
this H'ble Court within 30 days of the receipt of the Judgment of this H'ble Court.
Dated this the 6" day of January, 2021.
For Bhaiti AXA Generai Insurance Co.Lid.
Appellants/Petitioners ; oS oo oy
1. Baby Beles Bharti Axa sone Long No i
; oo 3" Respondent Se
2. Sonia a
3. Sanu Gani
mA
Jel
Vena "
K.V. Rajan R. Ajitkumar ge
Advocate for the Agpellant Advocate for the 3 Respondent
