Kerala High Court
Prasanth vs Santhosh Kumar on 24 February, 2022
MACA NO. 3951 OF 2016
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
MACA NO. 3951 OF 2016
AGAINST THE ORDER/JUDGMENT IN OPMV 1204/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/S:
PRASANTH,S/O.DHARMADAS, AGED 45 YEARS, RESIDING AT
AMRITHALAYAM, PIPE LINE ROAD, P.O.KUTHIRAVATTAM,
KOZHIKODE
BY ADVS.
SRI.AVM.SALAHUDIN
SMT.EMIL STANLEY
RESPONDENT/S:
1 SANTHOSH KUMAR, S/O.VASUDEVAN NAMBOOTHIRI, AGED 46
YEARS, RESIDING AT KAVIL PADINJAREDATH MANA HOUSE,
P.O.PERUMBADAYI, MANNARKKAD , PALAKKAD-678583
2 UNITED INDIA INSURANCE COMPANY LIMITED
DO:L 2ND FLOOR, MANUAL SONS BUILDING, MALABAR PALACE,
GH ROAD, KOZHIKODE-673001
BY ADVS.
SRI.T.K.SANDEEP
SRI.GEORGE CHERIAN (SR.)
SRI.GEORGE CHERIAN SR.
SMT.LATHA SUSAN CHERIAN
SMT.K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 3951 OF 2016
2
JUDGMENT
The appeal is filed by the petitioner in OP(MV)
No.1204/2015 of the Motor Accidents Claims Tribunal,
Kozhikode, seeking enhancement of compensation.
2. On the suggestion made by this Court, the appellant and
the 2nd respondent - insurer agreed to explore the possibility of
settling the dispute through direct negotiation.
3. Pursuant to the settlement talks held in this Court, the
above parties have arrived at an amicable settlement, as per the
terms and conditions in the joint statement dated 11.02.2022,
signed by the parties and counter signed by the respective
counsel.
4. I have perused the joint statement and found that the
compensation amount agreed between the parties to be just and
reasonable, and that the settlement is in accordance with law.
In the result, the appeal is allowed as per the terms and
conditions in the joint statement dated 11.02.2022, which shall
form part of the judgment.
MACA NO. 3951 OF 2016
This Court places on record its appreciation for both the
appellant as well as the 2nd 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
rkc/24.02.22
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Presented On 3' a lchoaQ
HONOURABLE IHGH COURT OF KERALA
AT ERNAKELAM
MACANo. 230 / 2019
Bindumol V.S. Appellant
Vs.
Babu Mathew & another,'' Respondents
/
JOINT STATEMENT FILED BY THE APPHLLANT AND THE
a / /// 2nd RESPONDENT
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MATHEWS K. PHILIP
ADVOCATE K/129/1986
38/360 Manorama Junction
Katitr`ala Road, Cochin -16
Ph . 2321122. 2316188
Counsel for the appellant
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BEFORE TIH HONOURABLE IHGH COURT OF KERALA
AT ERNAKULAM
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RACA No. 230 / 2019
iiq=j:£i;::dumolvs Appellant
Babu Mathew & another Respondents
JOINT STATEMENT FILED BY THH APPELLANT AND THE
2nd RESPONDENT
1. The above appeal is filed against the award dated 28.9.2018 in
O.P.(MV) No. 190/2018 of MACT Thodupucha. The original u
petition is filed by the appellant claiming compensation in respect of
the injuries sustained by him in a motor vehicle accident which
occurred on 17.11.2016 involving the Car bearing registration No.
KL-35-E-3256 insured with the 2nd respondent. The Tribunal had
granted a sum of Rs.6,28,810/-as compensation with interest @ 9%
p.a. from the date of petition. It is challenging the quantum of
compensation that the above appeal is filed. Since the 2nd respondent
had admitted the coverage of the insurance policy in respect of the
offending vehicle, the liability to pay the compensation is on the 2nd
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respondent. The services of notice on the lst respondent was
dispensed with at the risk of the appellant by the High Court.
Nevertheless, the presence of 1 st respondent is not needed before this
Honourable court since the accident and the policy are admitted.
Hence the settlement is arrived at between the appellant and the 2nd
respondent.
Appellant : Bindumol V.S. 2nd Responden s United
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pany Ltd.
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2. The appellant above named and the 2nd respondent have negotiated
the matter out of court and willingly arrived at a compromise
settlement in full and final settlement of all the claims of the appellant
against the 2nd respondent arising out of the accident and the original
petition mentioned above. It is agreed that the 2nd respondent shall
pay an additional aniount of Rs.3,48,000/- (Rupees Three Lakhs
Forty Eight Thousand only) inclusive of all interest and costs to the
appellant by way of full and flnal settlement of all the claims of the
appellant against the 2nd respondent.
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3. The 2nd respondent hereby agrees to transfer by way of NEFT the
above amount of Rs.3,48,000/- (Rupees Three Lakhs Forty Eight
Thousand only) within a period of 30 days from the date of receipt of
the copy of the judgment from the Honourable High Court, to the
following bank account of the appellant, the details of which Adhar
No.3095 3535 6443, Account No.6018101002578, IFSC
Code:CNR80006015, Can€ira Bank Limited, Ground Floor,
Jesus Church Building, Kaduthuruthy BIock, Njeezhoor, Vaikom
- 686512, and the appellant shall provide a rfufroy of his bank pass
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book from page and Adhar Card to the 2nd respondent within 10 days
from the date of receipt of copy of the judgment from the Honourable
High Cout for enabling the 2nd respondent to effect the payment of
the additional amount, failing which the said amount will caITy 9°/o
interest from the date of default.
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Bindumol V.S. 2nd Respondent s United
India Insurance C pany Ltd.
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4. There is no threat, coercion or undue influence in arriving at the
above settlement. There is no mistake in arriving at the settlement
either.
It is therefore prayed that this Honourable Cout to record this joint
statement and to pass a judgment in terms thereof.
Dated this the 1 lth day ofFebruary, 2022.
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Advocate :
Bindumol V.S. Counsel for the appellant
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Counsel for the 2nd respondefi-t
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BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAIvl
I.ANo. \ of 2022
in
M.A.C.A. No. 3951 of 2016
±j±TITIONER/ APPELLAD!I!.£±A1±4Ab!:I:
r\ Prasanth, S/o. Dharmadas, residing at Amrithalayam, Pipe Line Road, P.O.
Kuthiravattam, Kozhikode -673 016
2±±JES±9±!BE±!|±L2=Ld RESPONDENT
United India Insurance Company Limited, DO:L 2nd Floor, Manual Sons Building,
Malabar Palace, GH Road, Kozhikode -673 001, Represented by Branch Mar?ge,r.
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Counsel for lst PETITIONER/ APPELLANT /CLAIMAN
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Counsel for 2nd PETITIONER/2nd RESPONDENT/ INSURER
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BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
I. A NO. of 2022
in
M.A.C.A. No. 3951 of 2016
ufp„pJ
Prasanth, S/o. Dharmadas, residing at Amrithalayam, Pipe Line Road,
#l',vv
P.O.
Kuthiravattam, Kozhikode -673 016
rl
2nd
United India lnsurance Company Limited, DO:L 2nd Floor, Manual Sons Building,
MalabarPalace,GHRoad,Kozhikode-673001,RepresentedbyBranchManager.
RULE
READmfllEL± O F THE±eE£!¥!±±Bgs±±!±BE
1. The above appeal is filed against award dated 16/06/2016 In
O.P.(MV)No.1204/2015ofthePrl.MotorAccidentsClaimsTribunal,Kozhikode.
ZE! Thelstpetitionerhereinistheappellant(claimant)andthe2ndpetitionerhereinis
the insurer, the 2nd respondent in this appeal.
2T#FffitlonershaveenteredlntoasettlementoutofCourtafterfillingof the
:iapp8ahrfeaperthetermsofsettlement,thelstpetitione"Claimanthasagreedto
accept a total amount of Rs. 1,05,000/- (Rupees One lakh Five Thousand
Only)infuHandfinalsatisfactionofaHhisclaimsintheabovecaseincludingthe
compensation, interest and costs throughout. The Appellant___I
hereby undertakes
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or undu e is applied and he has not filed
and states that, no coerclon
givrfuch
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any claim before any other Court and that he will not file any claim before any
other Court in respect of the same cause of action in this claim.
3. The lst petitioner/Appellant relinquishes his claim for the balance amount and the
claim against the lst and 2nd respondent s in MACA.
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4. The 2nd petitioner/ Insurance company shall pay the said amount of
Rs. 1,05,000/- (Rupees One lal{h Five Thousand Only) to the lst
petitioner/claimant within 60 days from date of receipt of Judgment, after allowing
this compromise petition and passing of final order in this appeal.
5. In the circumstances, the above appeal may be disposed in terms of this
compromise petition, making this compromise petition as part of the final order,
without costs.
Facts stated above are true and correct.
J
Dated this the llth day of February, 2022.
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