Citation : 2021 Latest Caselaw 8060 Ker
Judgement Date : 9 March, 2021
IN TEE HIGH COURT OF KERALA AT ERNAKULAN PRESENT TRE HONOURABLE ME.SJUSTICE ©.5 DIAS TURSDAY, TRE OSTH DAY OF MARCH 2021 / ISTH PRARGUNA, 19428 MAGA Ne 1384 OF 2016 iC) AGAINST THE AWARD IN OF (NV) 40/8009 DATED 09-12-2014 OF MOTOR ACCIDENT CLAIMS TRIBONAL, THOOUPUZRA APPELLANT (PETITIONER : SUNIL PRIRIS S/O. PHILIP, MALAMUNDAYIL HOUSE, ENTHAYAR KARA, RARMISAPPSLLY TAI, NOS RESIDING AY MALANNEAY TI: BOUSE, RPERUVANTHANAN MARA & YILGAGE, TRURERY DISTRICT. BY ADYS . SRI .MAYREN JORN (8) SEES .DOMSOW J. VATTARUSRY RESPONDENTS (RESPONDENTS : a AJAL NAMBIAR S/O dJANARDRSNAN NAMBIAR, SRESPADAM, ULLIYERT POST, EOQURANDY, VES ROSS-DROOE, NOY BESLSRING. AT &. 5. SRCLANE, PONRARARA KARA, EOARPALLY NORTH VILRAGE , BRNARDIAN DISTRICT, BIN-882 O24. a BAUAS ALIANS GENERAL INSURACNE COMPANY EOD. , REPRESENTED RY ITS BRANCH MANAGER, IUIRD FLOOR, FINANCE TOWER, NEAR NEW TNDTAN EXPRESS, RALOOR, ERNARULAN, BOCHI<982 O17. Ri-2 BY ADV. SRI.ARSIL K.MADRAY FATS MOYOR ACCIDENT COAIMS APPESL RAVING BERN FINALLY KRARD ON O93 .032.2021, THE COURT ON TRE SAME DAY DELIVERED THE FOLLOWING: MACA. No. ESSE SF ZOLS EC) hy ITURDGMENT Ibis submitted by the learned counsel appearing for the appellant and the learned counsel appearing for the 2° respondent that the subject matter In dispute in the appeal has been settied between the parties as per the joint compromise petition dated 21.1.2021. 2 i have perused the joint compromise petition and find the same to be in accordance with law. Inthe resull, the appeal is allowed in terms of the joint compromise petition dated 21.1.2021, which shall form part of the judgment. Scd/- C.S.D JUDGE x BEFORE THE HONOURABLE HIGH COURT OF KERALA AT a ore ERNAKULAM te IANo. Of 2021 in MACA No. 1584 of 2016 iS" PETITIONER/ 2° RESPONDENTNSURER Bajaj Allianz General insurance Company Limited. a company incorporated under the Companies Act, having its registered office at GE Plaza, Airport Road, Yenwada, Fune- 414 006 and Branch Office af HW' Floor, Anugraha, TC 28/9222/5), MG Road. Pazhavangadi, Thiruvananthapuram, represented by fs Senior Legal Executive, Priyanka Prasad, aged 25 years, D/o Rajendra Prasad. 2 PETITIONER/ APPELLANT /CLAIMANT Sun! Phifig, Aged 42 years, S/o Philip, Malamundayil House, Peruvanthanam Kara. idukki District, Pin- 685532. JOINT COMPORMISE FETITION FILED UNDER ORDER XxIH RULE | 3. READ WITH SECTION 151 OF THE CODE OF CIVIL a PROCEDURE, 1968 7 1. The above appeal is filed agzinst award dated 9.12.2014 in O.P(M.V.)No. 40/2009 of Motor Accidents Claims Tribunal, Thodupuzha. The i petitioner herein is the insurer/2™ respondent in the appeal and the 2° petitioner herein is the claimant' Appellant in the appeal, 3: Rilke x. : : Phat koe Alhang Geqeral insuraneg Go. oo *
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Soa St Beiiinuacy Yeh
Counsel for 1'Petitionsr
2. The petitioners have entered into a settlement out of Court
after filing of the appeal. As per the terms of settlement the 3 petitioner' Claimant has agresd to accept a total amount of Rs. 7,50,000/ (Rupees One Lakh Fifty Only} in full and final satisfaction of all her claims in the above case including the compensation, interest and costs throughout,
. The 1° petitioner' insurance company shall pay the said amount of Rs. 1,50,000/- (Rupees One Lakh Fifty Only} fo the 2° petitioner/claimant within 30 days of allowing this compromise petition and passing of final order in the appeal.
_ 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.
Dated the 21Sday of January 2021
Akhil & Madhav
2°" Petitioner
aaa Mathew John Counsel forthe 2° Petitioner
ae.
OK x +
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