Kerala High Court
Muhammed vs National Insurance Company Ltd on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTIGE C.S.DIAS
THURSDAY, THE 7*# DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
MACA NO. 4068 OF 2018
AGAINST THE AWARD DATED 15.05.2018 IN OP (MV)NO.265/2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA
APPELLANT /CLAIMANT :
MUHAMMED,
AGED 30 YEARS,
S/O.ANDRU, RESIDING AT KIZHAKKAYI HOUSE,
KUNNUMMAL AMSOM DESOM P.O.,
KAKKATTIL KUTTIADI VIA,
KOZHIKODE - 673 507.
BY ADV K.V.RESHMI
RESPONDENT /2ND RESPONDENT :
NATIONAL INSURANCE COMPANY LTD.
2ND FLOOR, NOOR COMPLEX, ARAYEDATHUPALAM,
NEAR SBT PB NO.811, MAVOOR ROAD,
KOZHIKODE - 673 004,
REPRESENTED BY ITS MANAGER.
BY ADV SRI.P.G.GANAPPAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.NO. 4068/2018
Dated this the 7 day of April,2022
JUDGMENT
The appeal is filed by the petitioner in O.P(M.V)
No.265/2015 on the file of the Motor Accidents Claims
Tribunal, Vatakara, 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
Memo of Settlement dated 21.03.2022, signed by the
parties and countersigned by the respective counsel.
4. I have perused the Memo of Settlement dated
21.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable,
M.A.C.A.NO, 4068/2018
and that the settlement is in accordance with law.
In the result, the appeal is allowed as per the
terms and conditions in the 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 /fTrue copy/
PA.To Judge
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
MACA 4068 / 2018 &
Muhammed 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.76,200/-(Rupees Seventy Six Thousand Two Hundred 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.76,200/-(Rupees Seventy Six Thousand
Two Hundred Only) as directed by this Hon'ble Court within 30 days of
INSURANCE CO. LTD.
the receipt of the Judgment of the Hon'ble Court. =
FEO Ne . wR
Dated this the 21° day of March 2022 © (ata eter | KW
w \xocni o/s] ie
Weare a od AGiiorised Signatcry
Muhammed \e- Natiotraaeesth
Ance Co. Ltd.,
Appellant Respondent
: a
N. "8 ; eet
Rashmi.K.V oh. P.G.Ganappan
Ve
oe
Advocate for the Appellant Advocate for the Respondent
