Kerala High Court
Abdul Latheef vs Shriram General Insurance ... on 5 April, 2022
MACA NO. 2467 OF 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
MACA NO. 2467 OF 2019
AGAINST THE AWARD IN OP(MV) 519/2017 OF THE PRINCIPAL MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
ABDUL LATHEEF P.P,
AGED 33 YEARS,S/O.ABDULLA,
RESIDING AT PUTHEN OPEEDIYEKKAL HOUSE,
P.O. KODIYATHOOR, KOZHIKODE - 673 602
BY ADV AVM.SALAHUDIN
RESPONDENT/3RD RESPONDENT:
SHRIRAM GENERAL INSURANCE COMPANY LIMITED
41/339, AZAD TOWERS, AMMAN COIL CROSS ROAD, KOCHI -
682 035
BY ADV SRI.R.AJITH KUMAR (128/84)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2467 OF 2019
2
C.S DIAS,J.
---------------------------
MACA No.2467 of 2019
-----------------------------
Dated this the 5th day of April, 2022.
JUDGMENT
The appeal is filed by the petitioner in OP(MV)
No.519/2017 on the file of the Principal Motor Accidents
Claims Tribunal, Kozhikode, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the respondent agreed to explore the
possibility of settling their dispute through direct
negotiation.
3. Pursuant to the settlement talks held in this Court,
the above parties have arrived at an amicable settlement as
per the terms and conditions in the joint memo dated
12.3.2022, signed by the parties and countersigned by their
respective Counsel.
MACA NO. 2467 OF 2019
4. I have perused the joint memo dated 12.3.2022 and
found that the compensation amount agreed between the
parties to be just and reasonable, and that the settlement is
in accordance with law.
5. In the result, the appeal is allowed as per the terms
and conditions in the joint memo dated 12.3.2022, which
shall form part of the judgment.
This Court places on record its appreciation for both the
appellants as well as the respondent/ insurer in harmoniously
settling the dispute and putting an end to the litigation, and
also for saving the precious judicial time.
ma/5.4.2022 Sd/-
C.S.DIAS, JUDGE
E-CA NO : CA-2022-003245
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
10f Year 2022
rl MACANO.2467,2019 tr
ABDUL LATHEEF
Petitioner
Vs
SHRIRAM GENERAL INSURANCE
Respondent
COMPANY LIMITED
Sd/-
E-VERIFIED
R.AJITH KUMAR (128/84)
K/000128/1984
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BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM .
Of Year 2022
ln
MACA No.2467/2019
ABDUL LATHEEF Petitioner
u
V/S
SHRIRAM GENERAL INSURANCE Respondent
COMPANY LIMITED
INDEX
ST, Contents Pag(, NOs
jttint Memo of settlement : JOINT MEMO OF SETTLEMENT AND PRAYER FOR 1-2
PASSING JUDGMENT IN TERMS OF THE SETTLEMENT
Sd/-
E-VERIFIED
R.AjlTH KUMAR (128/84)
K/000128/1984
L'S() VERIFIED-17
|oinL Memo of settlement MACA No.246712019 (CA-2022-003245 )
BEFORE THE HONouRABLE HIGH COURT OF KERALA
AT ERNAKULAM
M. A. C. A` No. 2467 of 2019
APPELLANT
Abdul Latheef P P, S/o Abduiiat aged 33 years, Residlng at Puthen
Peedlyekkal House. P a Kodiyathoor. Kozhikode -673 602
RESPON DENT
Shnram General Insurance Co Limited. 41/339. Azad Towers` Amman Coll
Cross Road, Kochi -682 035` Represertted by Branch Manager
Joint memo filed ellant and the res c)ndent
in the above a
• The above appeal is filed against the award in O,P (MV) 519/2017 on
the file of Prl Motor Accidents Claims Tribunal, Kozhikode seeking
enhancement of compensatlon The court below passed an awarcl for an
amount of Rs 4,45.100/-wlth 8% Interest and cost
The matter involved in the appeal has been settled between the parties
The respondent-insurer of the offending vehicle agreed to pay a further
amount of Rs 71,600/-wlth 5% Interest from the date of petit!on Thus the
total amount will come to Rs 85,920/-(rounded to F`S 86.000/-) and it will be
deposiled within 2 months from the date of receipt of the judgment and failing
which. the saicl amount will carry 8% interest>
• `. ..
i \,, bHRIR/Jut GENE R^L II'jsuR/INC[ CO ( 1D
I+.S() Vli:RIFTED -17
urn
|ii;iil Memo of settlement 2I2 MACA No.246712019 (CA-2022-003245 )
TQtai amount of compensation enhanced including interest is
r`586,GOO/-(RupeesEightySix`ThousandOnly).
I:tj) SHriiR^N GrNERAL iNsuRANCE co LTD
Dated thts the 12" clay of March, 2022
Aj2jELt r+jLde Bsapondent
•Abdul Lalheef P P Shriram General Insurance Co Ltd
Counsel for the
Adv R Ajith K
I,`£() VtiRIFIED -17
