Kerala High Court
Bindu vs Abdul Nasar on 4 March, 2022
IN THE HIGH COURT 0F I(ERALA AT ERNAKULAM
PRESENT
ThE HONOURABLE MR.JUSTICE C.S.BIAS
FRIDAY, "E 4" DAY OF MARCI+ 2022 / 13" PHALGUNA, 1943
MACA NO, 2169 0F 2®16
AGAINST THE AWARD DATED 12.o2.2ei6 IN OpMv 916/2oii OF MOTOR AcclDEi\IT
CLAIMS TRIBUNAL, IRIMJALAKUDA
APPELLANTS/PETITIONERS :
BINDU
W/O. LATE RAJAN, NADAPARAMBIL HOUSE, MARAVANCHERY DESOM,
CHENGAL00R VILLAGE & P.0. , MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
VISWARAJ
S/0.LATE RAJAN, NADAPARAMBIL HOUSE, MARAVANCHERY DESOM,
CHENGAL00R VILLAGE & P.0., MUKUNDAPURAM TALUK, THRISSUR
DISTRICT.
HARINANDAN
S/0. LATE RAJAN, NADAPARAMBIL HOUSE, MARAVANCHERY DESOM,
CHENGAL00R VILLAGE & P.0., MUKUNDAPURAM TALUK, THRISSUR
DISTRICT .
BY ADVS.
SRI . P . V . BABY
SRI . A . N . SANTHOSH
RESPONDENTS/RESPONDEl\ITS 1 AND 3 :
ABDUL NASAR
S/0. POKKER, NARIMANDAKKAL HOUSE,
TANUR, TIRUR, MALAPPURAM DISTRICT-676 302.
MACA NO. 2169 0F 2016
2 UNITED INDIA INSURANCE COMPANY LTD
PONNANI-679 583.
BY ADVS.
SRI . P . JACOB MATHEW
SRI.MATHEWS JACOB SR.
SMT.PREETHY R. NAIR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 04.-03.-2022; THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. 2169 0F 2016
TUDGMENT
The appeal is filed by the petitioners 2 to 4 in O.P.
(M.V) No.916/2011 on the file of the Motor Accidents
Claims Tribunal, Irinjalakuda, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellants and the second respondent agreed to explore
the possibility of settling their dispute through direct
negotiation.
3. Pursuant to the settlement talks held in this Court,
the above parties have arived at an amicable settlement
as per the terms and conditions in the Joint Statement
dated 10.02.2022, signed by the parties and counter
signed by the respective counsel.
4. I have perused the Joint Statement dated
10.02.2022 and found that the compensation amount
VACA NO. 2169 0F 2©16
agreed between the parties to be just and reasonable, and
that the settlement is in accordance with law.
5. In the result, the appeal is allowed as per the
terms and conditions in the Joint Statement dated
10.02.2022, which shall form a part of the judgment.
6, This Court places on record its appreciation for
both the appellants as well a§ the second respondent -
insurer in harmoniously settling the dispute and putting
an end to the litigation, and also for saving the precious
judicial time.
Sd/-
C.S.DIAS
JUDGE
rmm/04/03/2022
Pre. On: 22 /02/2022
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM
M.A.C.A.No. 2169 of 2016
Bindu & ors Appellants
\,
Abdul Nasar & anr Respondents
` .*J,
JOINT sOATE]unT FDED BY THE AREI;I.ANT AND THE 2nd RESPONDENT
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gL,12J2L-
A.N.Santhosh (S-190)
Counsel for the appellant p-Jul4wh
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ctopH Se_trved tE eLII pqT+tej
I
a,ul-T
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM
M.A.C.A.No. 2169 of 2016
Bindu & ors Appellants
Vs.
Abdul Nasar & anr Respondents
JOINT SOATEHENT ELED BY THE ARELLANT AND THE 2nd RESPONDENT
1.Th`e-'a'bove appeal is filed against the award in O.P(MV) No. 916/2011 dated
12/2/2016 on the file of the Motor Accidents Clains Tnl)unal, Irinjalakuda. The
original petition is filed by the appel]ants claiming compensation in respect of the
pgrLsonal injuries sustained by him in a road traffic accident occurred on
21/5/2011 at about 12.30 pin while the deceased Rajan was riding in a scooter
bearing No. KL-08-W-5821 through Amballur-Pudukad Sector of NH47 and when
the in.otor' eycle reached near Pudukad Panchayath Office, a car bearing
registration No.KL-54-2882 came in a rash and negligent manner and hit upon the
motor Cycle. The Tribunal had granted Rs. 20,98,540/- as compensation along
with interest @ 8% p.a. from the date of clain petition. It is challenging the
quantum of compensation that the above appeal is filed. Since the respondent
had admitted the coverage of the insurance policy in respect of the offending
vehicle, the liabhity to pay the compensation is on the 2nd respondent. Hence the
settlement is arrived at between the appellant and the 2nd respondent.
Appellants:
Bindhu#
viswaraj ,/2y,
Harinandan pr#t
Reapondent: United India Insurance Company Lt
`d_-
•/
2. The appellant above named3and the 2nd respondent have negotiated the
matter out of court and willingly arrived at a compromise settlement in fun and
final settlement of all the claims of the appellant against the respondent arising
out of#8 accident and the original petition mentioned above. It is agreed that the
2nd respondent insurance company shall pay an additional amount of Rs.
8,00,000/- (Rubees Eight hakhs Only) inclusive of all interest and cost to the
appellant by way of fun and final settlement of all the cfaims of the appellant
agednst the 2nd respondent.
3. The 2nd respondent hereby agrees to d,e;posit the above amount before the
1_, ,.
Tribunal within a period of 2 months from the date of receipt of a copy of the
judgment from the Honble High Court, in case of default as stated above the 2nd '
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settlement. This settlement will form part of the judgment of the Honble iich#"£;
court of Kerala.
Dated this the loth day of February, 2022
Appellant :
©jNlAlrvNryKfal±zz~
Counsel for the Appellant
7E-
P. Jacob Mathew
Counsel for the 2nd respondent
