Kerala High Court
Harish A.R vs Sumesh E.S on 6 April, 2022
IN THE HIGH COURT 0F KERAIA AT ERNAKUILAM
PRESENT
THE HaNouRABI+I in. JusTlcE c:. s.DIAs
REENESDAT, THE 6" mr oF APRIL 2022 / 16TH CHAITHRA, 1944
imcA No. 1580 oF 2018
AGAINST THE A#nRI] mTED 29.o8.2ol7 IN op(mr)ro.1497/2ol3 oF !coTOR
ACclrmrT GLAIMS TRIBUNAL , Kol.ImM
ZIPT>fiT.T.ziN.I-a/Dt;!iTiTrliTnmm:R=.
HAISH A.R,
S/0. RAVEENDRAN PIIIAI,
NOW RESII)ING AT ELLEMPI,ZIVIL PADINJATI]AIHIL,
IVERRALA REST NORTH bDRI,
KUNNATHOOR vll]I.asE, FRch4 ALUMvllA vEEDu,
INCHAKKADU TIEKRIJ MURI , KOTTARAKKARA,
roIIAM DlsTRlcT.
vl sHrm . A . R .
S/O. RAVEENDRAN PILIAI ,
Ncw REslDING AT ELI.EHpl.zrvlL PADIN-HrmTHIL,
IVERKAIA REST NORTH iml,
KUNNATHOOR VILliAGE, H`Ch4 AI.UMVIIA VEEI)U,
INCHAFueu TREKEro !4tml,KO nBz`ecKARA,
KOLLml DlsTRlcT.
BY ADV SRI.ANCHAL C.VIIAYEN
EtispoNDENTs/REspaNDENTs:
1 SUMESH I.S
S/O. SURENDREN, EILAVUKKUI)Y HOUSE,
CHETTINADA, EroDANAD p. O. , ERItAIroI.AI,
PIN -683 544.
RAlnA BHASKARmi
inNAGING PARENER,
ATHIRA PIASTIC INRISTRIES,
CHETTIS§ERI.P.O. ,THRISSUR, PIN-680 301.
RATIoilal. IN3uRziiecE cO±zFaify I,ImTED
DIVISIONAL OFFICE,
THRISSUR, PIN - 680 001.
BY ADV SRI.IAL GEORGE
THls MoroR AcclDENT clAIMs AppEAI, HAvlNG corfl up FOR
ADmssloN CIN 06.04.2o22, THE couRT oN THE snME DAy DELlvEREI) TIE
FOIiLCWING :
M . A . C . A . No .1580/ 2018
-:2:-
Dated this the 6th a_a_y Q{ Af}r.±1,2022
UDG MENT
The appeal is filed by the petitioner in O.P.(M.V)
No.1497/2013 on the file of the Motor Accidents
Claims Tribunal, Kollam, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the third 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 aITived at an amicable
settlement as per the terms and conditions in the Joint
Statement dated 31.03.2022, signed by the parties and
countersigned by the respective counsel.
4. I have perused the Joint Statement dated
31.03.2022 and found that the compensation amount
agreed between the parfees to be just and reasenab±e,
M . A . C . A . No .1580/2018
and that the settlement is in accordance with law.
In the result, the appeal is allowed as per the
terms and conditions in the Joint Statement dated
3± ,0322022 , which sha±± form pact of the judgment!
This Court places on record its appreciation for
both the appellant as well as the third
respondent-insurer in harmoniously settling the
dispute and putting an end to the litigation, and also
for saving the precious judicial time.
Sd/-
C.S.DIAS,JUDGE
DST/06.04.22 |rrTrvec;ony1
P.A.To Judge
BEFORE THE HON'BLE mGH cOuRT oF KERAIA, AT BRNAKULAM
M.A.C.A. NO. 1580/2018
Harish A.R & another Appeuants
Vs,
Sume8h E.S a others Respondents
JOINT STATEMENT FILED BY THE APPEI,LANTS ANI) THE
3rd RESPONDENT
1. The above appeal is filed against the award dated 29.08.2017 in O.P.
(MV) No.1497/2013 of the M.A.C.T, Kollam. The original petition
was filed by the appellants claiming compensation in respect of the
death caused to Sumangaladevi, in a motor vehicle accident which
occurred on 03.04.2013, due to the rash and negligent driving of the
lorry bearing registration No.KL-45 F /882 by the lst respondent.
The said vehicle was insured with the 3rd respondent. The Tribunal
had granted Rs.3,91,500/-as compensation along with interest @
7% p.a. from the date of petition.
2. Since the 3rd respondent has admitted the coverage of the insurance
policy in respect of the offending vehicle, the liability to pay the
compensation is on the 3rd respondent. Hence the settlement is
arived between the appellants and the 3rd respondent in the appeal.
3. The appellants and the 3rd respondent have negotiated the matter
out of court and willingly arrived at a compromise settlement in full
and final settlement of all the claims of the appellants agqins
respondents arising out
mentioned above.
Apneuants:
1.Harish A.R
2.N3:shau A.R
c? viehrf u
It is agreed that the 3rd respondent shall pay an additional amount
of Rs.2,00,000/-(Rupees two lakhs only) inclusive of all interest and
costs to the appellants by way of full and final settlement of all the
claims of the appellants against the respondents.
4. The 3rd respondent hereby agrees to transfer by way of NEFT the
above amount of Rs. 2,00,000/- (Rupees two lakhs only) within a
period of 30 days from the date of receipt of the copy of the
judgment from the Honble High Court, in the bank account of the
appellants. The appellants shall provide a true copy of the bank
passbooks and Aadhaar cards to the 3rd respondent within 10 days
of receipt of copy of the judgment from the Honble High Court to
ealffoercetsf|ymth:ni[oFun=yw::::tcE::t:re=°8uo^:tp]:nf::mdeti°es':::eaor
default.
5. There is no threat, coercion jr undue influence in arriving at the
above settlement. There is no }mistake in arriving at the settlement
either.
We humbly request this jHonble Court to record this joint
statement and to pass a judgrient in terms thereof.
Dated on this the 3 r`'day of prarch, 2022
Atnellants:
1.Harish A.R
LcprL~
2.N.rshanA..R V|giv
Anchal C. Vijayan
Counsel for the Appellants
Counsel for the 3rd respondent
