R.V.S. Moni @ Money vs The Divisional Manager
2022 Latest Caselaw 12154 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 22™> pAY OF DECEMBER 2022 / 1ST POUSHA, 1944
MACA NO. 3535 OF 2015
AGAINST THE ORDER AWARD DATED 16-06-2015 IN OPMV 1544/2012
OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM.

APPELLANT /PETITIONER

R.V.S. MONI @ MONEY, AGED 58 YEARS,
$/O.RAMAYYAER, BHAGHEERATH, THEKKENADA,
THIRUNAKKARA, KOTTAYAM P.O., KOTTAYAM DISTRICT.

BY ADVS.
SRI.P.M. JOSHI
SMT.SIJI K.PAUL

RESPONDENT /RESPONDENT NO.3 :

THE DIVISIONAL MANAGER,
ORIENTAL INSURANCE COMPANY LTD.,
KOTTAYAM BRANCH, KOTTAYAM - 1.

BY SRI.PMM NAJZEEBKHAN.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:


M.A.C.A No.3535 of 2015

Sathish Ninan, J.

M.A.C.A No.3535 of 2015

Dated this the 22" day of December, 2022

JUDGMENT

Pending the appeal, 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 judgment.

Sd/-

Sathish Ninan, Judge

amk

BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM. MACA NO. 3535 OF 2015

R.V.S Moni @ Money .. Appellant/Petitioner

Vs, ORIENTAL INSURANCE CO, LTD... Respondent/3" Respondent, COLLTD

JOINT SETTLEMENT MEMO PILED BY THE PARTIBS IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL.

The above is an appeal against the award dated 16-06-2015 in OPCMIV) No. S44/2012 of the Mator Accidents Claims Tribunal, Kottayam. The original claim is ane under Section 166 of the Motor Vehicles Act [988 for injuries suffered by the appellant/elaimant.

Ss

The learned Tribunal afier tinding negligence on the insured vehicle awarded a compensation of Rs. 1,43,000/-. The respondent insurer was made lable to pay the same with interest at 9% and proportionate cost. Dissatisfied with the quantum the claimant is is apped,

The appellant/elaimant and the respondent Oriental Insurance Company Ltd, had discussed the matter during the settlement pasting and the appellant has agreed to receive Rs. 1,07,000/- (Rupees One Lakh Seven Thousand ony) (which is inclusive of interest cc mponent), in addition to the compensation already awarded by the Tribunal as fll and final settlement of all claims in the appeal. The respondent insurer has agreed to deposit the above amount in the

~

account of the appellant.

The appellant shall furnish the bank aecount parhiculars 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 afier receipt of the account particulars as stipulated above the amount shall carry interest at 724 after the date of default,

oN,

Dated this the 6° day of December » 2022 at Ernakulam.

APPELLANT: /¥

rn' es " ee ee ¥ Re fv} ce ey > eu oR pe a arn ee --

Sse ty. x Counsel for the Appellant" ~~ SV" ; . Coufisel for the res

REY Shay ng Tesh: