Kerala High Court
Santhamma vs The Divisional Manager on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 2474 DAY OF JUNE 2022 / 3RD ASHADHA, 1944
MACA NO. 2766 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 848/2017 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL , KOTTAYAM
APPELLANT/PETITIONER:
SANTHAMMA, AGED 70 YEARS
W/0.RAMAKRISHNAN @ THANKAPPAN, THAKADIYIL HOUSE,
IRAVICHIRA BHAGOM, THOTTACKADU VILLAGE, VAKATHANAM,
KOTTAYAM
BY ADVS.
P.M. JOSHI
SIJI K.PAUL
BONNY BABY
RESPONDENT/3RD_RESPONDENT:
THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE CO. LIMITED, KOTTAYAM 686 001
BY ADV K.S.SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2766 OF 2021 2
SATHISH NINAN, J.
Dated this the 24* day of June, 2022
JUDGMENT
Pending the appeal, the parties have arrived
at a settlement. A joint statement has _ been
filed to the said effect incorporating the
terms of the settlement. A modified Award is
passed in terms thereof. The joint statement
filed by the parties will form part of the
judgment.
Sd/ -
SATHISH NINAN
JUDGE
sd
E-CA NO : CA-2022-006835
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
MACA No.2766/2021 i
SANTHAMMA : Petitioner
THE DIVISIONAL MANAGER ~~
SETTLEMENT MEMO
BF eg
E ohs
aPog
o he
Sd/-
E-VERIFIED
P.M.JOSHI
K/754/1993
FSO VERIFIED-7
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Of Year 2022
in
MACA No.2766/2021
SANTHAMMA : Petitioner
THE DIVISIONAL MANAG
SL Contents \ e " a : Page Nos
1 settlement memo : settlement memo™ y 1-1
-- E-VERIFIED
P.M.JOSHI
K/754/1993
FSO VERIFIED-7
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.
MACA NO. 2766 OF 2021
SANTHAMMA Rahdyvenh Appellant.
Vs.
NATIONAL INSURANCE CO. LTD __..... Pesnoid Respondent.
JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE
MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL.
The above is an appeal against the award dated 19-02-2021 in OP(MV)
No.848/2017 of the Motor Accidents Claims Tribunal, Kottayam. The original
claim is one under Section 166 of the Motor Vehicles Act 1988 for injuries
suffered by the appellant/claimant.
The learned Tribunal after finding negligence on the insured vehicle
awarded a compensation of Rs.1,22,000/-. The respondent insurer was made
liable to pay the same with interest at 8% and proportionate cost. Dissatisfied
with the quantum the claimant is in appeal.
The appellant/claimant and the respondent National Insurance Company
Ltd had discussed the matter during the settlement posting on 4-03-2022. The
appellant has agreed to receive Rs.29,000/- (Rupees Twenty Nine Thousand
only), (which is inclusive of interest component) in addition to the
compensation already awarded by the Tribunal towards full and final
settlement of all claims in the appeal. The respondent insurer has agreed to pay
the above amount.
The appellant shall furnish the bank account particulars of the appellant
within one month from the date of judgment. The respondent insurer shall
deposit the amount within one month from the date of receipt of the account
particulars. In case the insurer fail to deposit the amount after receipt of the
account particulars as stipulated above the amount shall carry interest at 7%
after the date of default.
Dated this the 4" day of April , 2022 at Ernakulam.
ARBRE. RESPONDENT:
Counsel for the Appellant. Counsel for the respondent
\For NATIONAL INSURANCE.CO. LID.
; Authofised Signatory.
Pro: Jo&h
K¥63/94,
