Kerala High Court
Rajamma vs Babu Mathew on 24 February, 2022
IN THE HIGH COURT OF KERALA AT ERl\IAI{ULAM
PRESENT
THE HOINOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 24" DAY OF FEBRUARY 2©22 / 5" PHALGUNA, 1943
MIACA NO. 19© OF 2®19
AGAINST THE AWARD EIATED 2€.09.2®ae 1« er±RAr ±9±/2o+ae OF TI+I HoleR
ACCIDENT CLAIMS TRIBUNAL , THODUPUZHA
APPEL LANT/CLAIMIANT :
RAJAMMA
AGED 54 YEARS
W/0.SUKUMARAN, VADAKKEDATH HOUSE, THALAPPULAM. P.0. ,
PLASSANAL, NOW RESIDING AT VADAKEDATH HOUSE,
THUDANGANADU KARA, MUTTOM VILLAGE.
BY ADVS.
MATHEWS K.PHILIP
SMT . T . MANASY
RESPONDENTS/RESPONDENTS :
1 BABU MATHEW,
ARIYAPPILLIL HOUSE, KURIANAD.P.0.,
MARANGATTUPAL LY -686636 .
UNITED INDIA INSURANCE COMPANY LIMITED
REPRESENTED BY ITS DIVISI0NAL MANAGER, DIVISIONAL OFFICE,
MUVATTUPUZHA .
BY ADV SMT.P.A.REZIYA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
0N 24.02.2022, THE C.OURT 0N THE SAME DAY DELIVERED THE FOLLOWING:
RACA NO. 190 0F 2019
TUDGMENT
The appeal is filed by the petitioner in O.P.(M.V)
No.191/2018 on the file of the Motor Accidents Claims
Tribunal, Thodrlpuzha, seeking eHhaHcement of
compensation.
2. On the s-uggestion ma[de by this` Court, the
appellant and the second respondent agreed to explore
the possibility Gf settling thofr dispute through direct
negotiation.
3, PursHant to the. settle-memt talks he-ld in this Court,
the parties have arrived at an amicable settlement as per
the terms and conditions in the Joint Statement dated
11.02.2022, which is signed by the parties and counter
signed by the respective counsel.
4. I have perused the Joint Statement dated
11.02.2022 and found that the compensation amount
agreed between the parties to be just and reasonable, and
MACA NO. 19© OF 2®19
that the settlement is in accordance with laLw.
5. In the result, the appeal is allowed as per the
terms and conditions in the joint Statement dated
11.02.2022, which shall form a part of the judgment.
6. This Court places on record its appreciation for
both the appellant as well as the second respondent -
iH§uFer iH harmoniously settling the dispute and puttiiig
an end to the litigation, and also for saving precious
judicial time.
All pending interlocutory applications will stand
closed.
Sd/-
C.S.DIAS
JUDGE
ram/24/02/2022
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Presented On : c9i )a \ dec$3
RE TEE HONOURABLE I-IIGH COURT OF KERALA
AT EENAKtJLAM
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MACANo. 190 /2019 #
Rajamma • Appellant
Vs.
Babu Mathew & another Respondents
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ADVOCATE K/129/1986
38/360, Manorama Junction
Karithala Road` Cochin - 1 F
Ph .. 2321122, 2316188
Counsel for the appellant
Counsel for the respondent
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BEFORE TIH HONOURABLE HGH COURT OF KERALA
AT ERNAKELAn4
MACA `No. 190 / 2019
Rajamma Appellant
Babu Mathew & another Respondents
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1. The above appeal is filed against the award dated 28.9.2018 in
O.P.(MV) No.191/2018 of MACT Thodupucha. The original a
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.5,11,640/-as compensation with interest @ 9%
p.a. from the date of petitiori. 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
®
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 lst 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 : Rajamma 2nd Respondent
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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 amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty
Thousand only) inclusive of all interest and costs to the appellant by
way of full and final settlement of all the claims of the appellant
against the 2nd respondent.
a 3. The 2nd respondent hereby agrees to transfer by way of NEFT the
above amount of Rs.2,50,000/- (Rupees Two Lakhs Fifty 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.6590
7977 2065, Account No.57018866398, IFSC Code :SBTR0000480,
State Bank of Travancore, Plassanal, P.B. No.1., and the appellant
shall provide a true copy of his bank pass 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 Court for enabling
® the 2nd respondent to effect the payment of the a*d i#al amount,
failing which the said amount will cany 9°/o interdsflrfuthe date of
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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 Court to record this joint
statement and to pass a judgment in terms thereof.
Dated this the llth day of February, 2022.
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Advocate
Rajamma Counsel for the appellant
Ws United India dv. P.A. Raziya
Insurance Co ny Limited Counsel for the 2nd respondent
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