Asha Thankachan vs Raju
2022 Latest Caselaw 4229 Ker

                    IN "E llIGH COURT 0F I(ERALA AT ERl\lAl(ULAM

                                          PRESENT

                        THE llohlouRABLE MR.JUSTICE C.S.DIAS

          "URSDAY, "E 7" DAY 0F APRIL 2022 / 17Tl] Cl+AI"RA, 1944
                                 MACA ro. 627 OF 2Oi7
AGAINST TIIE AWARD DATED 22.e8.2Oi6 IN OpMv 167/2Oi5 oF MOTOR AcclDEI\IT

                                 CLAIMS TRIBUNAL PALA
APPELLANT/PETITIONER :

                 ASHA THANKACHAN
                 THAKIDIYEL HOuSE,   PATIYALIMATTOM,         MATTAKKARA,
                 ARALAKUNNAM .


                 BY ADVS.
                 SRI.MA"EWS K.PHILIP
                 SMT.MINISHA K DAS




RESpol\lDEl\ITS/RESpol\lDENTS:


      1          RAJU
                 S/0 MATHEW, PARANGATTU HOuSE, MOZHcOR P.0. ,
                 AKALAKKUNNAM -686503.


                 THE DIVISI0NAL MANAGER, M/S NATIONAL INSURANCE COMPANY
                 LIMITED, CHERUPUSHPAM BUILDING,   PALA - 686575


                 BY ADV SRI.THOMAS MATHEW NELLIM00TTIL




      THIS   MOTOR ACCIDENT      CLAIMS    APPEAL   HAVING   COME   UP   FOR   ADMISSION

0N 07.04.2022,   THE COURT 0N THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO.   627 0F 2®17




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

No.167/2015 on the file of the Motor Accidents Claims

Tribunal, Pala, seeking enhancement of compensation.

    2. On the suggestion made by this Court, the

appellant and the second respondent agreed to explore

the possibility of settling their dispute through direct

negotiation.

    3. Pn-I-s-trall-t-to- the- s-e-ttle-in-e-fit-tal-k§- hel-d ir[ I:tlis Court,

the above parties have arrived at an amicable settlement

as per the terms and conditions in the Joint Statement

dated 04.04.2022, signed by the parties and counter

signed by the respective counsel.

    4. I have perused the                    Joint Statement dated

04.04.2022 and found that the compensation amount

agreed between the parties to be just and reasonable, and
 MACA NO.   627 0F 2®17


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

04.04.2022, which shall fomi a part of the judgment.

     6. This Court places on record its appreciation for

both the appellant as well as the second 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
rmnv07/04/2022
   BEFORETTHHONOuRABLEmGHcOuRTOFKERALA
                        AT ERNAKULAM

                     MACANo.         627    12qu*

  Asha Thankachan
                                                     Appellant
  National Insurance Company Limited
                                                     2nd Respondent


                                REroNDENT
 1.     The above appeal is filed against the award dated 22.8.2016 in

      O.P.(vy) No.167/2015 of MACT Pala.         The original petition is
      filedbytheappellantclaimingcompensationinrespectoftheinjuries
      sustained by her in a motor,vchicle accident which occurred on
      23.1.2015 involving the Car bearing registration No. EL-27-A-717

      insured with the respondent.    The Tribunal had granted a sun of
      Rs.I,00,265/-as compensation with from the date of petition.           It is
      challenging the quantum of coxppensation that the above appeal
                                      iL
   filed.   Since the 2nd respondent had admitted the coverage of th
   insurance policy in respect of the offending vehicle, the lichility to

   pay the compensation is on the respondent.    Hence the settlement is      I




   arrivedatbetweentheappellantandthe2ndrespondent.
2. The appellant above named and the 2nd respondent have negotiated

  the matter out of cout and willingly arrived at a comproulse
  settlementinfullandfinalsettlementofalltheclaimsoftheappellant
  againstthe2ndrespondentarisingoutoftheaccidentandtheoriginal

  petition mentioned above. It is agreed that the 2nd respondent shall




            c2zL
 Appellant : Asha Thankachan
                                           -

etch TlowhLINSuRA

Authrt

Respondent : National Insurance Company Ltd.

I

I pay an additional amount ol` Rs.44,550/- Rupees Forty Four Thousand Five Hundred and Fifty only) to the appellant dy way of fuH and final settlement of all the claims of the appellant against the 2nd respondent.

3. The 2nd respondent hereby agrees to transfer by way of NEFT the above amount of Rs.44,550/- a`upees Forty Four Thousand Five Hundred and Fifty only) within a period of 30 days from the date of receiptofthecopyofthejudgmentfromtheHonourablemghCourt, failingwhichthesaidamountwillcany9%interestfromthedateof default.

4, There is no threat, coercion or`undue influence in ariving at the above settlement. There is no, mistake in aniving at the settlement either..

It is therefore prayed that this Honourable Coun to record this joint statementandtopassajudgmentintemsthereof.

    AdharNo               :    371455580117

    Bank                  :    The southln-dianBank, Kottayam branci.
                                                                           /
    AccountNo         :       0040053000018750                             L


    IFSCcode      :           SIBL0000040                                Ill

Dated this the 4th day of April, 2022.

APpe||anqzgl Advoc.ate : Mathews K. Philip Asha Thahachan Counsel for the appellant

I

Insurance Company Limited