Kerala High Court
Beena vs The United India Insurance ... 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. 1482 OF 2617
AGAINST THE AWARD DATED 31.18.2616 IN OPMV 1370/2013 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA
APPELLANTS/PETITIONERS :
1
BEENA
W/0.LATE THILAKAN, PULITPARAMBIL HOUSE, KOTTAMKULAM
DESOM, PERINJANAM VILLAGE, CHAKKARAPADOM.P.0, KODUNGALLUR
TALUK, THRISSUR DISTRICT.
NIDHIN
$/0.LATE THILAKAN, PULTPARAMBIL HOUSE, KOTTAMKULAM
DESOM, PERINJANAM VILLAGE, CHAKKARAPADOM. P.O, KODUNGALLUR
TALUK, THRISSUR DISTRICT.
NIBIN
S/O0.LATE THILAKAN, PULIPARAMBIL HOUSE, KOTTAMKULAM
DESOM, PERINJANAM VILLAGE, CHAKKARAPADOM.P.0, KODUNGALLUR
TALUK, THRISSUR DISTRICT.
BY ADV SRI.P.V.BABY
RESPONDENT/2ND_ RESPONDENT:
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
THE UNITED INDIA INSURANCE COMPANY LTD.
EAST NADA, GURUVAYOOR-680101.
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 1482 OF 2017 2
JUDGMENT
The appeal is filed by the petitioners in O.P.(M.V)
No.1370/2013 on the file of the Motor Accidents Claims
Tribunal, fIrinjalakuda, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellants 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 Statement
dated 09.03.2022, signed by the parties and counter
signed by the respective counsel.
4. I have perused the Joint Statement dated
09.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable, and
that the settlement is in accordance with law.
5. In the result, the appeal is allowed as per the
terms and conditions in the Joint Statement dated
09.03.2022, which shall form a part of the judgment.
6. This Court places on record its appreciation for
both the appellants 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
rmm/07/04/2022
the deceased. AS.-2. result -of the accident the 'deceased. sustain
BEFORE THE HONOURABLE HIGH-COURT.OF KERALA AT ERNAKULAM
M.A.C.A.No. 1482 of 2017
Beena & ors : Appellants
Vs,
The United india Insurance Company Respondent
Ltd -
Kodungallur-Perinjanam road at Perinj
anam Panchayath Office, a Motor cycle
bearing No. KL-8
-2852 came in a rash and negligent manner and knocked down
ed- serious. injuries,
yaar f Manager
2. The appellant above named and the respondent have negotiated the matter
out of court and willingly arrived at a compromise settlement in full and final
settlement of all the claims of the appellant against the respondent arising out of
the accident and the original petition mentioned above. It is agreed that the 2nd
respondent insurance company shall pay an additional amount of Rs. 2,77,000 /-
{Rupees Two Lakhs Seventy Seven Thousand Only) inclusive of all interest and
cost to the appellant by way of full and final settlement of all the claims of the
appellant against the respondent. " .
3. The respondent hereby agrees to deposit the above amount before the
Tribunal within a period of 2 months from the date of receipt of a copy of the
judgment from the Hon'ble High Court, in case of default as stated above the
respondent is liable to pay interest @ 8% from the date of defaulter.
4. There is: no- threat coercion or undue influence in arriving at the above
' settlement. This settlement will form part of the judgment of the Hon'ble High
court of Kerala.
Dated this-the 9 day of March, 2022
Appellant :
Beena Fiz pn
Nidhin A j ,
ao
Nibin see
- pat
Counsel for the Appellant
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