Kerala High Court
Midhun Lal vs Dileep Kumar on 20 May, 2022
MACA No.2674 of 2015
IN TLIE HIGH COURT 0F KERALA AT ERNAI(ULAM
PRESENIT
ThE H0I\louRABLE MR.JUSTICE C,S. DIAS
FRIDAY, "E 2®" DAY OF MAY 2022 / 3®" VAISAKHA, 1944
MACA NO. 2674 0F 2®15
AGAIl\lsT THE ORDER/JUDGMEl\lT IN 0PMV 646/2®12 0F IV Al)I)ITI0I\lAL
DISTRICT COURT, TIIODUPuzl+A / 11 ADDITI0I\lAL MOTOR ACCIDENT
CLAIMS TRIBIIA[Atz TttQGtlpuztlA
APPEL LANT/S :
MIDHUN LAL
AGED 25 YEARS
S/0, SALIM, VELIKRARAT#u HOUSE, MUNIYARA
P.0.KONNATHADY -685 564.
BY ADV SRI.S,SACHITHANANDA PAI
RESPONDENT/S :
1 DILEEP KUMAR
S/0. SIVADAS, PUTHANPURACRAL H0usE,
MUNIYARA,KONNATHADI -685 564.
AJIKUMAR
S/O. KUMARAN, VELIKKAKATHU H0usE, MUNIYARA
P.0,,KONNATHADY -685 564.
UNITED INDIA INSURANCE CO. LTD
ADIMALY BRANCH, ADIMALY - 685 561.
SRI.P.K MANOJ KUMAR -R3
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME
UP FOR ADMISSION 0N 2®.®5.2022, THE COURT ON ThE
SAME DAy DELlvERED TinE FOLLOwlNG:
MACA No.2674 of2015
C.S Dus' J.
MACA No.2674 of 2015
Dated this the 20th day of May, 2022.
TulroMENT
The appeal is filed by the petitioner in OP(MV)
646#012 on the file of the Additional Motor Accident
Claims Tribunal-II, Thodupuzha, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellant and the third 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
statement dated 6.4.2022, signed by the parties and
countersigned by their respective Counsel.
4. I have perused the joint statement dated
6.4.2022 aLnd found that the compensation amount
MACA No.2674 of 2015
agreed between the pa.rties 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
6.4.2022, which shall form part of the judgment.
This Court places on record its appreciation for both
the appellant as well as the third respondent/ insurer in
harmoniously settling the dispute and putting an end to
the litigation, and also for saving the precious judicial
time.
SD/-
Sks/20.5.2022 C.S.DIAS, JUDGE
BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM
M.A.C.A. No. 2674 OF 2015
Midhun lal : Appellant
Dileep kumar and others : Respondents
n
Joint Statement filed bv the ADDellant and 3rd Respondent
1. The above appeal was filed for enhancement of compensation awarded in
0 P ( M V ) 646 of 2012 on the file of M A C T , Thodupuzha. There is a
valid policy at the time of accident. The matter was then referred to the
adalath held before this hont)le court on 07.03.2022. After negotiation of
the claim between the parties the matter was settled in the adalath.
2. It is agreed that the 3rd respondent shall pay an amount of Rs.65000/-
®
( Sixty five thousand only) inclusive of interest and cost to the appellant as
full and final settlement of all claims.
3. The 3rd respondent agree to transfer by way of NEFT the above said
agreed amount of Rs.65,000/-( Sixty five thousand only) within 30 days of
the receipt of the certified copy of the judgment, to the bank account of
the appellant. The appellant agrees to provide the bank account details to
-.T:-,--,-i
the 3rd respondent within 15 days of the receipt of the certified copy of the
judgment from this hon'ble court. In any event if the amount is not
deposited as aforesaid the amount will carry 8% interest from the date of
such default.
4. This hon'ble court may be pleased to record this statement and may be
please to pass a judgment in terms of this statement.
Dated this the 6th day of April 2022.
c.unse,f.,ag3f*
nanda Pai
Counsel for Appellants
P,K, Ma
Counsel for 3rd Respondent
u
