Kerala High Court
Nishamol K.P vs The Divisional Manager on 31 August, 2022
TN THE NYGH COURT OF EERALA AT ERNARULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY. THE 31°" pay oF AmGUST gag2 / OTH BRADRA, 1944
MACA NO, 25 OF SOU7
AGAINST THE AWARD DATED 1-6-2016 IN OPNV 570/2012 OF MOTOR
ACCIDENTS CLAIMS PRIBUNAL, KOTTAYAM.
APPELLANTS ( PETIS TONERS
& NISRAMIL K.F, AGED 28, W/O. BIND,
PONKRATHTI: HOUSE, PTRURUTEY P.O... ROUTATAN.
2 OEVANAND (MIKOR}, DATE OF BIRTH 10.64.2610,
AGED 2 YRARS, S/O. BINU.B, PORRATHIL BOUSE,
THURUTRY F.O., RORMIANAM REPRESENTED BY RIS MOTERER
AS NEXT FRIEND NISBAMOL K.P. AGED £8,
W/O. BIND. PROMBATAIE SOUSE,
TRORUTEY. PO., ROUPAYAN.
3 MORANDAS, AGED 73,
PORRATRIE ROUSE, TRURUTEY. BO. , RODTAXAN.
& PONNAMMA, AGED 85, W/O. MOBANDAS, POKRATHIL HOUSE,
TRURUTEY P.O... RODTAYAN
BY ADYS .
SRIF OM. POSRET
SRI OT. S NAST MODDIN
SMP. STILT KR. PAQE
RESPONDENT AND RESPONDENT
THE DIVISTONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LINITED, ROTTAYAM.
BY ADV JOY JOSESH (MANAYATEU)
THIS MOTOR ACCIDENT CLAIMS APFEAL HAVING COME UP SOR
ADMISSION ON 31.08.2022, TER COURT ON THE SAME DAY DELIVERED
TRS FOLLOWING :
MA.C,A No. 28 of 2617
Sathish Ninan, J.
woe ooee
W.A.C.A No. 25 af 2017
WOK DOOD ON
Weted this the 31° dey ef August, 2022
JUDGHENT
Pending the appeal, the parties have settled
the disputes amicably. They have filed a joint
memo 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
Tudgment .
Safe
Sathish Ninan, Judge
amk
BEFORE THE HON' BLE HIGH COURT OF KERALA, AT
ERNAKULAM.
MACA NO. 25 OF 2017
NISHAMOL K.P & OTHERS ve Appellants/Petitioner
Vs.
NEW INDIA ASSURANCE CO, LTD. ..... Respondent/3™ Respondent.
CO.LTD
JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE
MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL.
The above is an appeal against the award dated 01-06-2016 in OP(MV)
No.570/2012 of the Motor Accidents Claims Tribunal, Kottayam. The
original claim is ame under Section 166 of the Motor Vehicles Act 1988
for injuries and resultant death of deceased, Binu P in the il fated
accident occurred. The appellants/claimants are the wife, minor child,
father and mother respectively of the deceased,
The learned Tribunal after finding negligence on the insured
vehicie awarded a compensation of Rs.29,25,300 /-. The respondent
insurer was made Hable to pay the same with interest at 9% and
proportionate cast. Dissatisfied with the quantum the claimants are in
appeal.
The appellants/claimants and the respondent New India Assurance
Company Ltd had discussed the matter during the settlement posting on
15-07-2022. The appellant has agreed to receive Rs.1,80,000/- (Rupees
One Lakh Elghty Thousand only}, Gwhich is inclusive of int
Tribunal towards full and final settlement of all claims In the appeal. The
respondent insurer has agreed to pay the above amount.
The appellant shall furnish the hank account particulars of the
appellant within one month from the date of judgment. The respondent
insurer shall deposit the amount within one month from the date of
receipt of the account particulars. In case the insurer fail to deposit the
amount after receipt of the account particulars as stipulated above the
amount shall carry interest at 7% after the date of default.
°
Dated this the 21" day of July , 2022 at Ernakulam.
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Nishamol K.P 0 AY? BIN
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APPELLANTS: RESPONDENT:
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Counsel for the Appellant. Counsel for the respondent
