Kerala High Court
Manikandan vs United India Insurance Company ... on 25 August, 2022
INS THE BRIGH COURT OF RERALA AT RRNARULAM
ERESENT
THE HONORABLE ME. JUSTICE SATRISH NINAN
THURSDAY, THE 25°" DAY OF AUGUST 2022 / SRD BRADRA, 1944
MACA NG. 2935 OF 2016
AGAINST TRE AWARD DATED 22.62.2014 IN GP OMY) NO. 8835/2010 OF
MOTOR ACCIDENT CLAING TRIBUNAL, PALARRAD
APPRLLANTS / PETITIONERS :
i MANTRANRDAN
AGED 44 YEARS, 8/0. MUIRERU, RESIDING AY
CRANDANAPURAM HOUSE, MANOSIRA, CRIDER P.O. ,
BALARRAD DISTRICY.
GIRIJA
AGED 42 YEARS, W/C. MANIRANDAN, BRESIOING AT
CRANDANAIIRAM HOUSE, MANCHIRA, CRIPPOUR P.O.,
PALARRAD DISTRICT.
BY ARV SRI. BARY MATHEW
ao
RESPONDENT {RESPONDENT :
UNITES INDIA INSURANCE COMPANY LIMITED
SURYA COMPLES, MISSTON SCHOOL TONCTION, BALARRAD=
&?8 OO1. CINSURER OF MOTOR CYCLE REG .NO.RL-O/P
£888}, BOLTOCY NO. LOLTSOL JBL 08 /G2 $9007 6308 .
BY ADYS .
SRY .JORN JOSEPH VETTIRAD
SRI.O TOSEPR JORNY
TRIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UF FOR
AUMISSION ON 28.08.2022, THE COURT ON TSE SAME DAY DELIVERED
SRE FOLLOWING :
MAGA NO. 2915 OF 3o18
sathish Ninan, 3,
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JUDGMENT
Pending the appeal, parties have settled the
disputes amicably. They have filed a joint meno of
settlement to the said effect. The terms of settlement
have been stated therein. A modified award is. passed
in terms thereof, The Joint memo of settlement will
form part of the Judgment.
Sd/~Sathish Ninan, Judge
| BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
M.A.C.A. NO, 2915 / 2016
Manikandan and another . Appellants
Vs.
United India Insurance Co. Ltd. . Respondent
JOINT STATEMENT FILED BY THE APPELLANTS AND THE
RESPONDENT
1. The above appeal is filed against the award dated 22-01-2014 in
O.P. (MV) No. 8636/2070 of the M.A.C,T, Palakkad. The original petition is filed
by the appellants claiming compensation in respect of the death of Jishnu, a
minor child in a motor vehicle accident which occurred on 13-11-2009
involving a motorcycle bearing registration No. KL -- 9 / T - 4885 insured with
the respondent. The Tribunal had granted Rs. 4,45,000/- as compensation
along with interest @ 9% p.a. from 2010 onwards. It is challenging the
quantum of compensation that the above appeal is filed,
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AS cd p f 4 8 iv § 2 & we
4. Manikandan : "ats hk
2. Gira M/s United India insurance Co. Lid.
Appellants _
2. Since the respondent has admitted the coverage of the insurance
policy in respect of the offending motorcycle, the lability fo pay the
compensation is an the respondent. Hence the matter was negotiated and a
settlement is arrived at between the appellants and the respondent in the
Adalath heid on 08-03-2022 in court No. 8B of the High Court of Kerala
presided over by Smt. N. Leelamani, (Retd. District Judge).
3, The negotiation was held in the matter in the presence of mediator
Smt. N. Leelamani, (Retd. District Judge) and the parties willingly arrived at
an agreement as the full and final settlement of all the claims of the appellants
against the respondent arising out of the accident and the original petition
mentioned above. ft is agreed that the respondent shall pay an additional
amount of Rs. 4,00,000/- (Rupees four iakhs only} inclusive of all interest and
costs fo the appellants by way of full and final settlement of all the claims of
the appellants against the respondent arising out of the accident and the
original petition
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1. Manikandan
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2.Gija Mis United | india Insurance C Go. Lid.
Appellants | Respondent
4. The respondent hereby agrees to deposit before the Tribunal the
above amount of Rs, 4,00,000/- (Rupees four lakhs only) within a period of
two months from the date of receipt of the copy of the judgment from the
Hon'ble High Court. in any event the said amount is not deposited as
aforesaid the amount would carry interest @ 8% p.a. from the date of defaull.
5. There is no threat, coercion or undue influence in arriving at the
above settlement. There is no mistake in arriving at the settlement either.
We humbly request this Hon'ble Court to record this joint staternent
and to pass a judgment in terms thereof. es . aati
Boohvagher MIG FITS Aocagge ian gaa eh SST Ses
PLB IS ONRSS Oe | ~ SS
1, Manikandan fal
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2. Girija Baby Mathew
Appellants Counsel for the Appellants
Ye SS o S
No 3 > i" Pane
Mis United x nd 'igutence Co, Lid. Jonn joseph Vettikad
Resportient Counsel for the respondent
