Kerala High Court
Aneesh Mohanan vs Kahar on 7 April, 2022
IN THE HIGH cOuRT OF RERAIA AT ERmKurm
PRESENT
THE HONOuRABLE in..usTlcE c.s.DIAs
THURsm¥, THE 7m DAr oF APRIL 2022 / 17TH CRAITHRA, 1944
BflcA NO. 3321 0F 201|
AGAINST THE AVARD DATED 24.07.2017 IN OP(MV)NO.167/2014 0F THE
MoroR AcclDENT clA"s TRIBUNAI. , puml,uR
APPELIENT/PETITIONER:
REESH MOHZuEN
S/O. VIJAYA MOHANAN,
BUNGIAVIL VEEI)U, RARYARA P.O. ,
PUNAI,UR, K01,IAM DISTRICT.
By ADv SRI.ANclml. c.vldAyEN
RESPONDENTS/RESPONDENTS:
1 XAHAR ,
1/438F, SM HOUSE, ERAM S0tJTH,
ANCHAL P.O. , K01,ram DISTRICT,
PIN-691306.
EAFEEK
S/O.ABDUI. REIN,
RAFI HENZIL, RETARA REST,
VIIAKKUDY P.O. , KUNNICODU, KOI.RAM DISTRICT,
PIN-691508.
A4EENDRAN pll.Inl K. ,
S/O.KUTTEN PII.IAI, UNNIKRISHRA VIIASOu,
rmTHRA p.0. , PURALUR, Kol,Iml DlsTRlcT,
PIN-691333 .
THE DlvlsloNz\I, MAiinGER
NATIONAL INSURANCE CO.LTD. ,
DIVISIONAI, OFFICE,
K01,I" DISTRICT,
PIN-6 910 01 .
BY ADVS. SRI.GEORGE CHERIAN SR.
SHT.ILZ\THA SUSAN CHERIAN
sin . K . s . szrml
THls unoR AcclDENT clAIMs AppEAI, HAvlNG COME up roR
A"IssloN ON 07.04.2022, THE cotnT ON THE SARE my DELlvERED
THE rot.I.cwlNG:
M . A . C . A . No . 3 321/2017
-:2:-
Da_ted tdri_s th_e 7th day o£ APFi±,202_2_
The appeal is filed by the petitioner in O.P.(M.V)
No.167/2014 on the file of the Motor Accidents Claims
Tribunal, Punalur, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the fourth 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 alTived at an amicable
settlement as per the terms and conditions in the Joint
Statement dated 28.03.2022, signed by the parties and
countersigned by the respective counsel.
4. I have perused the Joint Statement dated
28.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable,
M . A . C . A . No . 3 321/2017
-:3:-
and that the settlement is in accordance with law.
In the result, the appeal is allowed as per the
terlns and conditions in the Joint Statement dated
28._03._20222 whi_ch_ sh_all_ fQ±m` pa_rt of th_e ju_dg-in_eat.
This Court places on record its appreciation for
both the appellant as well as the fourth
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"econyl
P.A.To Judge
REroRB Tlm HON'BLE HIGH OoORT OF I[BRAIA[ AT EREAHULan
RI.A.C.A. HO.3321 /2017
Aneesh Hohamn •.. Appeuant
qur V®.
Hhar aE others .„ Respondents
oqm tIT+€T ThD BT' tD Appl=I,IiLm A)[D in
roRT
1. The above appeal is ffled against the award dated 24.07.2017 in O.P.
(MV) No.167/2014 of the M.A.C.T, Punalur. The original petition was filed
by the appellant clainng compensation in respect of the injuries
sustained to the appellant in a motor vehicle accident which occuned on
18.05.2013, due to the rash end negligent driving of the car bearing
registration No.KL-25-B/1939 by the 3rd respondent. The said vehicle
was insured with the 4ffi respendent. The Thbunal had granted
.
Rs.15,98,085/-a§ compensation along with interest @ 80/o p.a. from the
• date of petition.
2. Since the 4th respondent has admitted the coverage Of the insurance
polity in respect of the offeriding vehicle, the inbility to pay the
compensation is on the 4th respondent. Hence the settlement ia •` . . .
between the appellant and the 4th respondent in the appeal. / ``
t i .ri* ..-.-. f ,.i.ts i 1
3. The appellant and the 4th respondent have negotiated the-.matter i. i :h i.(t ,.,r ¥
court and willingiv arrived at a compromise settlement in full and
settlement of all .the claims of the appellant against the
respondent
arising out of the accident and the original petition mentioned
above.
atpeqin_t: ithFbeDond9j±
Aneesh Mohanan M/a Natiorml Insurance Co.Ltd`
It is agreed that the 4th respondent shall pay an additional amount Of
RS.7,17,000/-(Rupees seven lakhs and Seventeen thousand only)
inclusive of all interest and costs to the appellant ky way of full and final
settlementOfalltheclairisoftheappellantagainsttherespondents.
4. The 4th respondent heredy agrees to transfer by way of NEFT the above
amount of R8. 7,17,000/-rupees seven lakhs and seventeen thousand
only)withinapugfiedof30daysfromthedateofreeeiptofthecopyOfthe
judgment from the Honble mgh-Cout, in the bank account of the
appellant. The a.ppellant shall provide a true copy of the bank passbook
and Aadhaar card to the 4tb respondent within 10 days of receipt of copy
of the judgment from the Honble High Court to effect payment, In any
event ife said amount is not dep`o§ited as aforesaid the amount would
carry interest @ 8% p.a. from the date of default.
5. There is no threat, coercion or undue influence in arriving at the above
settlement. There is in niistake in`andving at the settlement either.
We humbly request this Honble Court to record this joint statement
and to pass a judgment in tens thereof.
Dated on thELrf[ayofMarch,2o22
Atrt'ellant:
jhaeesh Moh~ |fr
Anchal C. Vljayan
Counsel for the Appellant
EglEi----------i=.i:.
M/s National Insurance Co. Ltd.
Jgiv
co£:g;iGfi::r£€Eferne=pondent
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