Shaji T.T vs The Divisional Manager, The ...
2022 Latest Caselaw 4222 Ker

                     IN THE HIGH COLJRT 0F I(ERALA AT ERNAKULAM

                                         PRESENT

                         THE HONOURABLE MR.JUSTICE C.S.DIAS

        TIIURSDAY, "E 7" I)AY OF APRIL 2022 / 17TH CIIAI"RA, 1944
                                 MACA NO.   2885 0F 2®17
AGAINST "E AIIARD DATED 28.04.2017 IN 0PMV 516/2®13 0F MOTOR ACCIDIENT

                              CLAIMS TRIBUNAL , KOTTAYAM

APPELLANT/PETITIONER :

                 SHAJI T.T
                 AGED 45 YEARS, S/0 THAMPI, THANNIMcOTTIL HOUSE,
                 PUTHUPALLY PO, PUTHUPALLY VILLAGE, KOTTAYAM DIST.


                 BY ADVS.
                 SRI . P . M . JOSHI
                 SMT.SIJI K.PAUL




RESPONDEl\IT/2ND RESpol\lDEI\lT :


                 THE DIVISI0NAL MANAGER,     ThE NATIONAL INSURANCE CO.          LTD
                 THE NATIONAL INSURANCE CO.        LTD,   KOTTAYAM-1


                 BY ADV SRI.PMM.NAJEEB    KHAl\l




      THIS   MOTOR ACCIDENT CLAIMS APPEAL           HAVING   COME   UP   FOR   ADMISSION

0N ©7.®4,2022,    THE COURT 0N THE SAME DAY DELIVERED THE                FOLLOWING:
 MACA NO.    2885 0F 2017


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

No.516/2013 on the file of the Motor Accidents Claims

Tribunal,       Kottayam,      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 aITived at an amicable settlement

as per the terms and conditions in the Settlement Memo

dated 18.03.2022, signed by the parties and counter

signed by the respective counsel.

4. I have perused the Settlement Memo dated

18.03.2022 and found that the compensation amount

agreed between the parties to be just and reasonable, and

that the settlement is in accordance with law.

MACA NO. 2885 OF= 2ei7

5. In the result, the appeal is allowed as per the

terlns and conditions in the Settlement Memo dated

18.03.2022, which shall form a part of the judgment.

6. 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 rmnd07104/202;2.

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 2885 of 2017

Shaji.T.T : Appellant/ Petitioner

Vs

The Divisional Manager, : Respondent/ 2nd Respondent

The National Insurance Co. Ltd

|ELE SETTLEMENT MEMO JOINTLY FILED FOR ThEEARTIES TO.|E]E APPEAL

The Appellant and respondent insurance company have agreed to settle the claim in the above numbered MACA arisen from OPMV 516/2013 of the MACT Kottayam for an additional compensation of Rs. 60,000/- (

:eut::eedsfso':t:n:^i%U§o:a]tdo°fn:s)6Ao::°orod;.ng':tRhuep:::V:,xnt;mTbheor::a¥dACoAn:; )which includes interest also @ 5% annum from the date of claim petition to this date.

Dated this 18th day of March 2022

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