Kerala High Court
Janish vs Ravikumar on 22 March, 2022
IN THE HIGII COURT 0F RERAIA AT ERNAKUIf\M
PEusENT
THE ZIONOURABLE MRtJUSTICE CtstD=AS
TUESDAy, THE 22ND DAY OF MARCII 2022 / 1ST CHAITHRA, 1944
MZICA NO. 920 C)F 2019
AGAINST THE ARARD DATED 06.06.2018 IN OP(MV)NO.4/2016 0F
roTOR AcclDENT clAIMs TRIBUNAI,, OTTAppALAM
AppEI.Irm/pETITlcINER:
JNISH,
jug 36 yEus,
S/O. JAcOB, KUNDUKuliAM HOUSE,
P.O. POTTORE, KOIAZHY PANCHAYATH,
THIROOR, THRISSUR DISTRICT - 680 651
BY ADVS. SRI.SHEJI P.ABRAHAM
SMT. THUSHARA PAILY
REsfumENIs ; ifeENT§ :
1 RAvl Kurm ,
AI5ED 34 YEus,
S/O. N. RAJAGOPAL, 7A CSM COI.ONY,
AMARAVATHY CO-OP SUGAR MIIiL, KRISHNAPURAM,
UDUMAI- PETTA, TAMII. RAI)U, MAJIATHYKUILAM,
THIRUPPUR - 641 604
SEL- K,
S/O. KUPPUSAMY, C 22, NORT KUDI STREET,
cHIREtAKKAMPAILAyAM, DHARApuRm4 - 6383 656
THE NEW INDIA INSURANCE CO.LTD.,
JRJ COMPLEX, OTTAPAI,AM - 679 101
REP. BY BRANCH MANAGER.
TATA AIG GENERAI. INSURANCE CO.LTD,NO. 72
1ST FLOOR, MAY FLOWER CASTIIE, DR. BAILASUNDARAM
ROAD, ATT cOLONy, p.N.pAIAyAM, cOIMmTORE,
TAMILNADU - 641 018
BY ADVS. SRI.THOMAS MATHEW NELLIMOOTTIL
SRI.R.AJITH ECuMAR (128/84)
THls MOTOR AcclDENT cl.Ames AppEAL HAVING COME up FOR
ArmssloN CIN 22.o3.2022, THE cOuRT ON THE SAME Day DELlvERED TiE
FOLLCWING:
M . A . C . A . No . 920/2 019
-:2:-
Dated this the 22nd dry of March,2022
UDG MENT
The appeal is filed by the petitioner in O.P.(M.V)
No.4/2016 on the file of the Motor Accidents Claims
Tribunal, Ottapalam, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the fourth 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 arrived at an amicable
settlement as per the terms and conditions in the Joint
Memo dated 08.03.2022, signed by the parties and
countersigned by the respective counsel.
4. I have perused the Joint Memo dated
08.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable,
M . A . C . A . No . 920/2 019
and that the settlement is in accordance with law.
In the result, the appeal is allowed as per the
terlns and conditions in the Joint Memo dated
08.03.2022, which shall form part of the judgment.
This Court places on record its appreciation for
both the appellant as well as the fourth
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
DST/22.03.22 |rFr"ecc)ny1
PA.TO Judge
E]EIEl
E-CA NO : CA-2022-003028
BEFORE THE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAM
1 0f Year 2022
•1
MACA No,920/2019
JANISH Petitioner
Vs
RAVIKUMAR Respondent
`ng ..
6eddith#„/feifA##ft2rfe
BEFORE THE HONOURABLE HIGH COURT 0F KERALA AT ERNAKULAM
Of Year 2022
ln
MACA No.920/2019
jANISH Petitioner
V/S
RAVIKUMAR Respondent
INDEX
SL Contents Paoe Nos
1'[,:;;n=sMo:Th°e°sfe:;[tet#g|netnt:J°£nt°fSettlementandPrayerforpassingjudgmentin flD
Sd/-
E-VERIFIED
R.AjlTH KUMAR (128/84)
K/000128/1984
II.SO VERIFIED-21
1I1 MACA NO.92Oraoi9 (cA~2022-003028 )
COURT OF KERALA AT LAM
M.A.C.A.No.920of 2019
Janish : Appei|ant/Pelltioner
Vs.
Tala AIG General Insurance co.I.td Respondent/ Respondent
ue!±!I±!Eaflg±E±EHEE!E±!=±::E±gffi;;Eg±gss!±!S±±±BSBaE±!IJ±!±EB¢as
•1
comp::seat:::V:w£Fg:a'+Sh:'e:abttyerthhea:Pbp£'nandt,:::sesnehdanbceetwmeeen::;:h:p::i:'i:man°df
the respondeil( and lt has been agreed to settle the case on the following terms and
cor`d(tiorts.
camproT%eaFopes't3tT:athbe°Vcia*Tniuii:dnd#nafs%tred:::th£:eR:.'%8|3'5o/:r|#Fao'rt;
Thousand only) inclusive of'the cost & interest,
The Appellanl has agreed to relinquish the entire further claim ln the claim
pelilion and the appeal.
No lhrea\, coercion or undue Influence is applied There is r`o mistake in arriving
at the settlement either. We humbly reqiiest this H`ble Court to recorcl lhis Joint
statement and to pass a Judgmen! in tens thereof.
We further state that the above named Respondent has agreed to deposit
cheque/cheques in the MACT or fund hansfer to the account of (he petitioner an
amount of Rs.40,000/- (Rs.Forty Th®usafld Only) as directed by this H'ble Court within
30 cloys of the receipt of the Judgment of this H'ble Court. " ..`,
Dated this the 8''` day of March,2022.
` : `,-I I.
FoiTA7AAiG6Er,£R{iLi`,S,,a.i`t:5Cctfr~AL"lI[
•`,`:.....-~
Janish TataAiGG%:%rpa::::#ncec°f,rj±¥fty~r-
Appe!lanvpetitioner
•-`.`-'-`
R. Aji[kumar Varma
Advocate for the Appellanl Advocate f[o;I;i;£S/Pfrn;ent
®iai ii lt=u vviii I uaiTIS(
L.SO VERIFIED -21
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
M.A.C.A.No.920of 2019
Janish Appellant / Petitioner
Vs.
TataAIG General Insurance co.I.td : Respondent/ Respondent
JOINT MEMO OF SETTEMENT AND PRAYER FOR PASSING JUDGIVIENT IN TERMS
OF THE SETTLEIVIENT
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.40,000/- (Rs. Forty
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 u.ndue influence is applied. There ls 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.40,000/-(Rs.Forty 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 8th day of March,2022.
with i Ou AiwF` I -
ZZZ For TAIAAIG GENERAL INSURANCE COMPANY LTD
Janish
Appellant/Petitioner
ctsftyt-
Sheji.P. R. Ajitkumar Varma
Advocate for the Appellant Advocatef#;#s/pan;ent
M.A.C.A.No.920of 2019
Janjsh
Appellant / Petitioner
Vs.
Tata AIG General Insurance co Ltd . Respondent/ Respondent
SHEJl. P. ABRAHAM
&
R. AJITKUMAR VARMA (K-128/84)
==============================-===========================
AdvocatesfortheAppellant&Respondent
