Kerala High Court
Bharath Babu vs National Insurance Company ... on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.S.DIAS
THURSDAY, THE 7°* DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
MACA NO, 2056 OF 2017
AGAINST THE AWARD DATED 30.11.2016 IN OP (MV) NO.923/2015 OF
THE PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/CLAIMANT :
BHARATH BABU,
(S/O. LATE) BABU,
AGED 2] YEARS
RESIDING AT KANNEERIPPIL HOUSE,
P.O KATTIPPARA, VIA THAMARASSERY,
KOZHIKODE.
BY ADV SMT.K.V.RESHMI
RESPONDENT/2ND RESPONDENT;
NATIONAL INSURANCE COMPANY LIMITED
DO: NOOR COMPLEX, NEAR SBT,
ARAYEDATHUPALAM, MAVOOR ROAD,
KOZHIKODE, REPRESENTED BY ITS MANAGER.
BY ADVS. SRI.P.JACOB MATHEW
SRI.MATHEWS JACOB SR.
THIS MOTOR ACCIDENT CLAIMS APPEAI, HAVING COME UP FOR
ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.NO. 2056/2017
Dated this the 7 day ef April,2022
ILUDGMENT
The appeal is filed by the petitioner in O.P(M.V)
No.923/2015 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 of Settlement dated 21.03.2022, signed by the
parties and countersigned by the respective counsel.
4. I have perused the Joint Memo of Settlement
dated 21.03.2022 and found that the compensation
amount agreed between the parties to be just and
M.A.C.A.NO. 2056/2017
-:3i-
reasonable, 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 Memo of Settlement
dated 21.03.2022, which shall form part of the
judgment.
This Court places on record its appreciation for
both the appellant 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.
Sd/-
C.S.DIAS, JUDGE
DST/07.04.22 {True copy/
P.A.To Judge
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
MACA 2056 / 2017
Bharath Babu : Appellant
Vs
National Insurance Co.Ltd. : Respondent
JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN
TERMS OF THE SETTLEMENT
The above Appeal is filed by the appellant for enhancement of the
quantum of compensation awarded. The matter has been discussed
between the appellant and the respondent and it has been agreed to
settle the case on the following terms and conditions.
The appellant above named and the respondent have willingly
arrived at a compromise to settle the claim in full and final settlement for
Rs.2,66,000/-(Rupees Two Lakh Sixty Six Thousand Only) inclusive of the
cost and 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 Hon'ble Court to record this
joint statement and to pass a Judgment in terms thereof.
We further state that the above named Respondent has agreed to
deposit cheque/cheques in the MACT or fund transfer to the account of
the petitioner an amount of Rs.2,66,000/-(Rupees Two Lakh Sixty Six
Thousand Only) as directed by this 1on'ble Court within 30 days of the
receipt of the Judgment of the Hon'ble Court. .
Dated this the 21* day of March 2022 tS
Bharath Babu N
Appellant Respo eh
ga
Rashmi.K.V P.Jacob Mathew
Advocate for the Appellant Advocate for the Respondent
