Albin Thomas vs Biju
2022 Latest Caselaw 7288 Ker

                   IN THE HIGH COURT OF RERAIA AT I           AKtJILEN

                                         PRESENT
                   THE E[ONOuEuel,E MR. dusTlcE sATHlsH NINEN
          THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHZDHA,                   1944

                                 Mach NO. 3031 0F 201_I
     AGAINST THE ARARD IN om4v logo/2ol5 oF MOTOR AcclDENT cIAIrs
                                  TRIBUNAII , KOTTAYAM
APPEIIILENT /AP PE I.ILENT :

               ALBIN THORAS
               AGED 34 YEARS, S/O MATHEW, IDASSERYPARAMBIL, PUZHAVATHU
               KARA, CHANGANACHERRY PO, KOTTAYAM DISTRICT, PIN. 686101.


               BY ADV SRI.SEBASTIAN JOSEPH             (KURISU"OOTTIL)



REspONDENTs/REscoueENTs+

      1        BIJU
              [email protected],PUZHAVATHU,
              CHANGANACHERRY PO,          KOTTAYAM DIST.PIN. 686101. `


              NELSON ANTONY
              IDASSERYPARAMBIL, PUZHAVATHU, CHANGANACHERRY POST,
              KOTTAYAM DISTRICT . PIN. 686101.


              THE NATIONAlj INSURANCE COMPANY LTD
              CSI SQUARE BUILDING, SHASTRI ROAD,KOTTAYAM,PIN. 686001.


              BY ADV SRI . K. a . RAMANAND




      THIS     MOTOR     ACCIDENT      CLAIMS    APPEAlj    HAVING      COME   UP     FOR

ADMISSION     ON   23.06.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED     THE

FOLLOWING :
 lmcA No. 3031 oF 2017




                         Sathish Ninan, J.
                 -----------------------,    I -------
                 --------------.--------.- I ---------
                        MACA No.3031 of 2017
                    ==========================
              Dated this the 23nd day of June, 2022

                              JUDGMENT

Pending the appeal, parties have settled the disputes

amicably. They have filed a ].oint 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 Presented on: 07-04-2022

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ER}lAKULAM

M.A.C.A. No. 3031 of 2017

Albin Thomas Appellant Vs,

Biju & others Respondents

a c,A n, ¢`pr#1#-

prgiv\s:

SEBASTIAN JOSEPH KURISUMMOOTTIL (S-2408), COUNSEL FOR THE APPELLANT BEFORE THE HON'BLE HIGH COURT OF KERALA AT

ERNAKULAM

I.A. No. I of 2022

in M.A.C.A. No. 3031 of 2017

Albin Thomas Appellant Vs, Biju & others ® Respondents

fl COMPROMISE PETITION FILED UDNER ORDER XXIII RULE 3 0F THE CODE OF CIVIL PROCEDURE. 1908

We, the appellant and the respondent insurance company on 17/3/2022 mutually agreed to settle the claim for Rs. 32,000/- (Rupees thirty two thousand only) in full and final settlement of the claim. There is no coercion or undue influence. Appellant shall furnish his account details immediately after the disposal of Appeal. The respondent insurance company shall pay the compensation to the appellant within a period of 60 days from the date of receipt of copy of this order failing which the above amount shall carry interest at the rate of 90/o per annum from the date of default onwards.

e It is humbly prayed that this Honble Court may be pleased to dispose the appeal recording the above compromise.

Dated this the 6th day of April, 2022.

mEEEEE Albin Thomas. National Insurance Company Appellant ( 3rd respondent )

Counsel for the Appellant Counsel for 3rd Respondent