Valsa vs Sheijo Varghese
2022 Latest Caselaw 7283 Ker

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 23" DAY OF JUNE 2022 / 2ND ASHADHA, 1944
MACA NO. 2719 OF 2014
AGAINST THE AWARD IN OPMV 151/2008 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL ,PERUMBAVOOR
APPELLANT/PETITIONER IN OP(MV) .151/2008:
VALSA

W/O. BHUVANADFAS, THALIYAZHICHA HOUSE, MOOKKANNOOR,
ANGAMALY.

BY ADVS.

SRI.REJI GEORGE
SMT.ANUPAMA JOHNY
SRI.UMESH.N. PAI

RESPONDENT/RESPONDENT NO.3 IN OP(MV) .151/2008:

1 SHEIJO VARGHESE
S/O. VARGHESE, VAZHAPARAMBIL HOUSE, EZHATTUMUGHAM P.O.,
ANGAMALY.

2 MS. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED

BRANCH OFFICE, KANNANKERI ESTATE, 3RD FLOOR, SHANMUGHAM
ROAD, MARINE DRIVE, COCHIN - 682 031.

BY ADV SRI.R.AJITH KUMAR

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 

MACA NO. 2719 OF 2014

Sathish Ninan, J.

Dated this the 23" day of June, 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 rsr

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

M. A.C. A. No. 2719 of 2014

Valsa Appellant / Petitioner Vs.

ICICI Lombard General Insurance Co.Ltd: Respondent/ Respondent

JOINT MEMO OF SETTEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF THE SETTLEMENT

The above Appeal is filed by the appellant for enhancement of the quantum of compensation awarded. The matter has been discussed between the appellant and the respondent and it has been agreed to settle the case on the following terms and conditions.

The appellant above named and the respondent have willingly arrived at a compromise to settle the claim in full and final settlement for Rs.1,32,000/- (Rs. One lakh Thirty Two Thousand Only) inclusive of the cost & interest.

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 H'ble Court to record this joint statement and to pass a Judgment in terms thereof.

We further state that the above named Respondent has agreed to deposit cheque/cheques in the MACT or fund transfer to the account of the petitioner an amount of Rs.1,32,000/- (Rs. One lakh Thirty Two Thousand Only) as directed by this H'ble Court within 30 days of the receipt of the Judgment of this H'ble Court.

Dated this the 19" day of May, 2022.

Ayan y a5 bm bi) ORAS a, LTP ne Fade eae Vatsa ICICI Lombard Genetal Wistiranée'Co, Ltd ee ArG Mey a At "a Appellant/Petitioner y Respe Mth THARA BOLS (PNESCOCHIN.582 047.

U wd A al --

Anupama Johny R. Ajitkuredr Varma

Advocate for the Appellant Advocate for the Respondent