Kerala High Court
Sobhana K.K vs The Divisional Manager on 20 May, 2022
IN ThE HIGH COURT OF I(ERALA AT ERNAKULAM
PRESENT
THE H0I\louRABLE MR.JUSTICE C.S, DIAS
FRIDAY, "E 2®" DAY 0F MAY 2®22 / 3®" VAISAKHA, 1944
MACA NO. 37410F 2®17
ACAIl\IST THE AWARD DATED 28,®2.2017 IN 0PM\/ 459/2®15 0F MOTOR ACCIDEl\lT
CLAIMS TRIBUNAL , KOTTAYAM
APPELLAl\ITS/PETITIOwERS:
S0BHANA K,K.
AGED 38 YEARS, W/0. KUTTAPPAN, AMBEDKAR COLONY 85,
KAKKAPARA, PARTHODU P.0, KANJIRAPILLY.
ASWATHY . K . K
AGED 20 YEARS, D/0. KUTTAPPAN, AMBEDKAR COLONY 85,
KAKKAPARA, PARTHODU P.0, RANJIRAPILLY.
RAHU L .
AGED 19 YEARS, S/0. KUTTAPPAN, AMBEDKAR COLONY 85,
KAKRAPARA, PARTHODU P.0, KANJIRAPILLY.
SALINI K.K.
AGED 15 YEARS, (MINOR) D0B 27-01-2002, D/0. KUTTAPPAN,
AMBEDKAR COLONY 85, KAKKAPARA, PARTHODU P.0,
KANJIRAPILLY. REPRESENTED BY MOTHER AS NEXT FRIEND
S0BHANA K.K, AGED 38 YEARS, W/0. KUTTAPPAN, AMBEDKAR
COLONY 85, KAKKAPARA, PARTHODU P.O, KANJIRAPILLY.
APPU .
AGED 10 YEARS, (MINOR), D0B 02.03.2®07, S/0. KUTTAPPAN,
AMBEDKAR COLONY 85, KAKKAPARA, PARTHODU P.0,
KANJIRAPILLY. REPRESENTED BY MOTHER AS NEXT FRIEND
S0BHANA K.K, AGED 38 YEARS, W/O. KUTTAPPAN, AMBEDRAR
COLONY 85, KAKKAPARA, PARTHODU P.0, KANJIRAPILLY,
BY ADV SRI . P , M . JOSHI
MACA NO. 37410F 2®17
RESpol\lDEI\lT/3RD RESP0l\lDEl\IT :
THE DIVISI0NAL MANAGER
ORIENTAL INSURANCE COwPANY LIMITED, KOTTAYAM ®1
BY ADV SRI .VPK. PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT 0N THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. 3741 0F 2017
|UDGMFNI
The appeal is filed by the petitioners in O.P.(M.V)
No.459/2015 on the file of the Motor Accidents Claims
Tribunal, Kottayam, seeking enhancement of
compensation.
2. On the suggestion made by this Court, the
appellants and the 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 Settlement Memo
dated 02.03.2022, signed by the parties and counter
signed by the respective counsel.
4. I have pemsed the Settlement Memo dated
02.03.2022 and found that the compensation amount
agreed between the parties to be just and reasonable, and
that the settlement is in accordance with law.
MACA NO. 3741 0F 2®17
5. In the result, the appeal is allowed as per the
terms and conditions in the Settlement Memo dated
02.03.2022, which shall form a part of the judgment.
6. This Court places on record its appreciation for
both the appellants as well as the 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
rmnv20/05/2022
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
MACANo. 3741 of2017
: Appellants/ Petitioners
Sobana K.K & others
VS
: Respondent / 3rd Respondent
The Divisional Manager
Oriental Insurance Co. Ltd
THESETTLEMENTMEMOJOINTLYFILEDFORTHEPARTIESTOTHE
4EIEA±
The Appellant and Respondent insurance company have agreed to
settle the claim in the above numbered MACA arisen from OP(MV) No.
459/2015 of the MACT Kottayam for an additional compensation of Rs.
2,73,000/-( Rupees Two lakhs Seventy Three thousand ).
Accordingly the above numbered MACA is settled for an amount of Rs.
2,73,000/- ( Rupees two lakh seventy three thousand ) which includes
interest also @ 50/a per annum from the date of claim petition to this
date.
Datedthis2ndda'y~fr+
Apifec,i._
'-- I-.`i
Counsel for Appellants
CP`r¥.]o8Y)(
