P.T. Aneesh vs The National Insurance Company
2022 Latest Caselaw 4205 Ker

             IN THE HIGH COURT OF RERAIA AT ERNAKUI"

                               PRESET
                 THE HONOuRABLE MR."sTlcE ets,DIA§
  THURSDAY, THE 7TH I)AY 0F APRII, 2022 / 17TH CHAITHRA,              1944

                       MACA NO.    1761 0F 2018_


 AGAINST THE AVARD mTED 30.o6.2017 IN op{FTv-)Nru.1444/2014 oF
     THE ADDL.roTOR AcclDENT cIA"s TRIBUNAL, ERRAKul"


APPELLANT/PETITIONER:

            P.T. ENEESH,
            AGED 28 yEng,
            S/O.THOMAS,
            PALLIPARAloIIi RARIKATH HOUSE,
            UDAYAMPEROOR P.O.,     COCHIN 5.


            BY ADVS.    SRI.RAIIUII SASI
                       SMT.NEETHu pRn4


RESPONDENT/3RD RESPONDENT :

THE RATIONAL INSURANCE COMPANY REGloml, OFFICE, 1sT AND 2NI) FI,OOR, OMANA BUILDING, JEWS STREET, pADm euNCTION, ERNAKulnM - 682 o35.

BY AI)V SRI.N.S.NAJEEB

THIS MOTOR ACCIDENT CI.AIMS APPEAL HAVING COME UP FOR A"ISsloN oN o7.o4.2o22, THE CouRT oN THE SARI mr DEI,IVERED THE FOLLOWING:

H . A . C . A . No . 1761/2018

Dated this the 7h dry of April,2022

The appeal is filed by the petitioner in O.P.(M.V)

No.1444/2014 on the file of the Additional Motor

Accidents Claims Tribunal, Emakulam, 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. PursuaLnt 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

Memo dated 18.03.2022, signed by the parties and

countersigned by the respective counsel.

4. I have pemsed the Joint Memo dated

18.03.2022 and found that the compensation amount

agreed between the parties to be just and reasonable, M . A . C . A . No .1761/2018

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 Memo dated

18.03.2022, 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                                           irr"ecortyl
                                                       P.A.To Judge
              p. T An8esh
                                       : Appellawpctitione r

                                     Vs.
            The National

         Insurance Co. Ltd.
                                     :Respondenv
                                     3Td Respondent

EEF!!=!EEri#id!Eri!#!!EE[!:i:!FTF!tlri#

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Advocate BREE± EBhiftygiv MACA No. i7®i of 201®

P. T Ane®sh : App®i|anvpetitlon8f

Vs The National Insurance co. Ltd. : Respondonv3" Re8Pond®nt

JORTNE)io FLED By THE. cp]EmELEQB|!]E AIPELIANT a cOuN9EL FOR REsapt!DENT TO+±p9H]HELEEtTLE.A,ENT We, the appellanvclainant and the respondent/Insurance Company above named. have wlllinqty arrived at the Compromise to settle the claliTi at Rs. 1,55,000/-

{Rupees One lckh Fifty-Five Thousand only).

1 . No coercion er undue influence 18 a e request this Hon'ble Court to record this joint setlement and to ms thereof.

2. We, further state that the rescom any above named is willing to transfer the settled amount of Rs. 1,55,000/- (Rupees One Lakh Fifty-Five Thousand only) in his account produced before the M.A.C.T„ Emakulam within 60 days from the date this Hon.ble Court records this Statement of Settlement and passes the award ln terms thereof.

Dated this the 18th day Of lit"M!i# URANCE .CL uL

rfu rfu rfu _+.

ffiigLefty:efty,p`ry the Re§pohd®nt 'a-L= Lgiv

signaturooirrm%r?h:¢€±Noeh Appellant the Respondent