Kerala High Court
Shyam V.S vs The Divisional Manager, United ... on 20 May, 2022
IN YHE RIGH QGOURT OF RERALA AT ERNAKULAM
PRESENT
THE NONQURABLE MR. JUSTICE €.8. DFAS
FRIDAY, THE 20°8 DAY OF MAY 2622 / 30TH VAISAKNA, 1944
NACA NO. S48) OF 2035
AGAINST THE AWARD DATED 88.06.2018 IN OPMY 218/2013 OF MOTOR ACCIDENT
GCLAINS TRIBUNAL , ERNAKULAN
APPELLANT SPETITIONER >
SHYAM YS,
AGED 22 YEARS
S/O. SALIN, VELUTHEDATS HOUSE, THERKUNBHAGAN, TRIPPUNITHURA,
NAOAMA VILLAGE, ERNARULAM OTSTRICT, PIN-S82381 .
BY AOVS.
eRI.P NM. SOSHE
SMT. SEIT K. PAUL
RESPONDENT /RESPOE
THE ODITVISEONAL NANAGER, UNITED INDIA INSURANCE C0, CTR
YHIRO BARTY CELL, JOS TRUST SUILOING, CHITTOOR ROAD, KOCHI ~
SS.
OY AOV SRIF. MURALESONARAN
THES MOTOR ACCIOQENT CLAIMS APPEAL HAVING COME UF FOR ADMISSION
ON 20.05.2024, THE QOURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. S481 OF 2025 =
The appeal is Ried by the petitioner in O.P.M.¥V)
No.2is/2013 on the file of the Motor Accidents Claims
Tribunal, Emakuiam, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the respondent agreed to explore the
possibility of settling their dispute tbreugh direct
negotianon.
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 Settlement
Memo dated 21.03.2022, signed by the parties and
counter signed by the respective counsel.
4, | have perused the Joint Settlement Memo dated
21.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable, and
that the seattiement is in accordance with law,
3. In the result, the appeal is allowed as per the
terms and conditions in the Joint Settlement Memo dated
21.03.2022, which shall form a part of the judgment.
6. This Court places on record its appreciation for
both the appellant as well as the respondent - msurer in
harmoniously settling the dispute and putting an end to
the litigation, and also for saving the precious judicial
time.
Sal/-
C.S.DIAS
JUDGE
mmm SOsOe/sOe 8
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.
MACA NO. 3481 OF 2015
SHYAM ¥.S
Appellant.
THE UNITED INDIA INSURANCE Co. Ltd...
IGINT 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 08.06.2015 in
OP(MYV) No.218/2013 of the Motor Accidents Claims Tribunal, Ernakulam.
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.G,83,000/-. The respondent insurer was
made fiable to pay the same with interest at 9% and proportionate cost.
Dissatisfied with the quantum rhe claimant is in appeal.
The appellant/claimant and the respondent The United India
Insurance Company itd., had discussed the matter during the settlement
posting on 18.3,2022. The appellant has agreed to receive Rs.8,50,000/-
(Rupees Fight Lakh Fifty thousand only) Owhich 1s inclusive of interest
component}, in addition te the coripensation already awarded.' he
'Tribunal as full and final settiament of all claims in the appeal. The
respondent insurer has agreed to deposit the above amount in the
account of the appellant.
The appellant shall furnish the bank account particulars of the
appellant within one month from the date of judgment. The respondent
insurer shall depasit the amount within one month from the date of
receipt of the account particulars, in case the insurer fall 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.
pated thisthe 21* day of March, 2022 at Ernakulam. wR
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APPELLANT: _. -- RESP gah
ARUN RN.
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Counsel for the Appellant. agent Manso
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