Citation : 2022 Latest Caselaw 11260 Ker
Judgement Date : 2 December, 2022
TH TER BYGH CUBE OF KERALA AT ERNAKULAN
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, tee 2° pay oF DECEMBER 3622 / 119R AGRAHAYANA, 1944
MADA NO. 1139 OF 2014
AGAINST TER AWARD DATED 30-11-2615 me omy 8406/2609 oF MOTOR
ACCIDENT CLAIMG TRIBUKAL, BERUMBAVOOR.
MYTVIONET IN OBNE Gag '5a:
2 SRANMUGHAN
a SUEPL 2. VISALD
AGED SS YRARS
{SOUGHT YO BE INSREADED)
3 SUPPL . 3. SHARMTLA
(SORT TO BE EMPLERDED}
a SUPPL. 4. SHALT .M.8.
(SQ0UGHT TO BE IMPLEADED}
5 SOUPS... SHANILY M.S.
{SQOUGET PO BR INPLEADED}
BY ADVS.
SEI.REIT GEORGE
SY. ANUPAMA TORNY
RESPONDENT ( (RESPONDENT NO. 3 EN OPMY 640/08 2
£.6.23.6.2. DLOMBARR GENERAL DINSURANGE CO. S73. , RANNANRERI ESTATE, QRR PROGR, SRANMUGHAM ROAD, MARINE DRIVE, COCEIN -~ 682 O31.
BY AGY SRY. SR. ATTTE REWRR (128/84)
THIS MOTOR ACCTORENT CLAIMNG APPEAL BRAVING COME UF FOR ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING ¢
S.A.C.A Ne. LISS ef Seals
OOD WOOL OE DOO HOO DONE ROOD DON OOD ANID. ODOT OOOO AWWA DOPE 2900 DOR OOS
SUDGRENT Pending the appeal, parties Rave settied the disputes amicably. They have filed a joint memo of settlement to the said effect. The terms of settlement heave been stated therein. A modified award is passed in terms thereof. The joint memo
of settlement will form part of the judgment.
Sd -
Sathish Ninen, Judge
amk
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKRULAM
M. A.C. A. No. 1139 of 2014
Shanmughan (died) and others ; Appellants ¥s, icicl Lombard General Insurance Co.Ltd > Respondent
JOINT MEMO OF SETTEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF THE SETTLEMENT .
The above Appeal is Hled by the appellant for enhancement of the quantum of cornpensation awarded. The 1 appellant died on 26.01.2019 during the pendency of appeal. The legal heirs of the deceased appellant are impleaded as additional appellants No.2 te 5. The matter has been discussed between the appellanis and the respondent and it has been agreed to settle
the case on the following terms and conditions.
The appellants and the respondent have willingly arrived at a
compromise to settle the claim in full and final settlement for Rs. 8,25,Q00/-
{Rupees Eight Lakhs Twenty Five Thousand Only}. The Appellant has agreed to relinquish the entire further claim in the
claim petition and the appeal.
No threat, coercion or undue influence is applied. There is no mistake in arriving at the settlement either. We humbly request this Honourable Court
to record this joint statement and to pass a Judgment in terms thereof,
We further state that the above narned Respondent has agreed to deposit cheque/cheques in the MACT or fund transfer to the account of the petitioner an amount of Rs. &,25,000/- {Rupees Eight Lakhs Twenty Five Thousand Only} as directed by this Honourable Court within 30 days of the receipt of the
Judgment of this Honourable Court.
Dated this the 27% day of October, 2622.
Visalu Viele
Sharmila S
Shahi M.S,
Shamily M.S.
Appellants ICICI Lombard General i
x
tn
g Ae « we y ° ae YS een hor .
Anupama Johny R. AjitkumarValma <<"
Advocate for the Appellant Advocate for the Respondent
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