Kerala High Court
Lenin vs Natarajan K.P on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
MACA NO. 325 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 1491/2014 OF THE MOTOR
ACCIDENT CLAIMS TRIBUNAL ,THRISSUR
APPELLANT/S:
LENIN
AGED 44 YEARS
S/O. LATE BABY ABRAHAM, PULINCHUVATTIL HOUSE,
EDAPALAM P.O, PATTIKKAD, THRISSUR-680 652
BY ADVS.
A.R.NIMOD
SRI.M.A.AUGUSTINE
RESPONDENT/S:
1 NATARAJAN K.P,USHUS P.O, VALAYAR, CHERTHALA,
ALAPPUZHA-688 536
2 SUNEEP T.K,S/O. KARUNAKARAN, THAMARASSERY NIVARTH,
KALAVAMKODAM P.O, CHERTHALA-688 524
3 BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LTD,
3RD FLOOR, FINANCE TOWER, NEAR COCHIN STOCK
EXCHANGE, KALOOR, ERNAKULAM-682 017, REPRESENTED BY
ITS BRANCH MANAGER.
4 THANKAMMA,W/O. LATE BABY ABRAHAM, PULINCHUVATTIL
HOUSE, EDAPALAM, P.O. PATTIKKAD, THRISSUR-680 652
5 MINI,D/O. LATE BABY ABRAHAM, PULINCHUVATTIL HOUSE,
EDAPALAM , P.O. PATTIKKAD, THRISSUR-680 652
BY ADVS.
AKHIL K.MADHAV - R3
KARTHIK RAJAGOPAL R4, R5
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2
MACA No.325 of 2021
C.S DIAS,J.
---------------------------
MACA No.325 of 2021
-----------------------------
Dated this the 11th day of January, 2022.
JUDGMENT
The learned counsel appearing for the appellant and the
learned counsel appearing for the third respondent submit
that the subject-matter in dispute between the parties has
been settled as per the joint compromise petition dated
23.12.2021, which is signed by the parties and countersigned
by the respective Counsel.
2. I have perused the joint compromise petition and
found the same to be in accordance with aw.
In the result, the appeal is allowed as per the joint
compromise petition dated 23.12.2021, which shall form part
of the judgment.
SD/-
Sks/11.1.2022 C.S.DIAS, JUDGE
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
I.A. No.; 2021
in
MACA No. 325 of 2021
|ST PETITIONER/ 3RD RESPONDENT/ INSURER
Bajaj AIlianz General Insurance Company Limited, a company
incorporated under the Companies Act, having its registered office at
GE Plaza, Airport Road, Yervada, Pune-411006 represented by its
Senior Legal Executive, Reshma A, aged 32 years, D/o Ashok P.,
rl having office at 3rd Floor, Coastal Chambers, Opp. Mercy Estate, M.G.
Road, Ravipuram, Cochin, Pin-682015.
2ND 3RD AND 4" PETITIONER/ APPELLANT84"& 5"
RESPONDENT IN APPEAL /CLAIMANTS
1) Lenin,
Aged 44 years, S/o Late Baby Abraham, Pulinchuvattil House,
edapalam, P.0., Pattikkad, Thrissur, Pin-680652.
2) Thankamma,
W/o Late Baby Abraham, Pulinchuvattil House, Edapalam, P.O.,
Pattikkad, Thrissur, Pin-680652.
3) Mini,
D/o Late Baby Abraham, Puliilchuvattil House, Edapalam, P.O.,
Pattikkad, Thrissur, Pin-6806{52.
rl JOINT COMPORMISE PETITION FILED UNDER ORDER Xxlll RULE
3 READ WITH SECTION 1510F THE CODE OF CIVIL
PROCEDURE,1908
1. The above appeal is filed against award dated 10.07.2b20 in
O.P(M.V.)No. 1491 of 2014 of Motor Accidents Claims
Tribunal, Thrissur. The lst petitioner herein is the Insurer/
in the appeal and the 2nd, 3rd & 4th petitioners
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herein is the claimant/ Appellant and 4th and 5th respondent in
the appeal.
2. The petitioners have entered into a settlement out of Court
after filling of the appeal. As per the terms of settlement the
2nd, 3rd& 4th petitioners/Claimants has agreed to accept a total
amount of Rs. 2,50,000/- (Rupees Two Lakh FiftyThousand
only) in full and final satisfaction of all their claims in the above
case including the compensation, interest and costs
throughout.
a 3. The lst petitioner/ Insurance company shall pay the said
amount of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand
only) to the 2nd, 3rd& 4th petitioners/claimants within 30 days of
allowing this compromise petition and passing of final order in
the appeal.
4. Out of the settlement amount an amount of Rs.75,000/- shall
be deposited through NEFT in the account in the name of the
2nd petitioner in Federal Bank, Pattikkad Branch, Thrissur
having Account No.19270100028644 and lFSC Code
FDRL0001927.
5. An amount of Rs. 1,00,000/-shall be deposited through NEFT
in the account in the name of the 3rd petitioner in State Bank of
India, Thrissur ADB Branch, Thrissur having Account No.
67283354867 and lFSC Code SBIN0070253.
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6. An amount of Rs. 75000/-shall be deposited through NEFT in
the account in the name of the 4th petitioner in State Bank Of
India, Peechi Branch, Thrissur having Account
No.30048621306 and lFSC Code. SBIN0002255.
7. 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.
.L Datedthe2s'ddayofDecember2021
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