Citation : 2022 Latest Caselaw 10152 Ker
Judgement Date : 15 September, 2022
IN TRE HIGH COURT OF KERALA AT ERNARULAN PRESENT THE HONOURABLE MR. JUSTICE SATRISH NINAN TNRURSDAY, THE iS"! DAY GF SEETEMBER 2022 / 2478 BEADRA, 1944 MACA NO. 1944 oF 2018 AGAINGT THE AWARD DATED 8-5-2015 IN OMY 4/2013 oF x ADRITIONAL MACY, BOUTTATAN. PRASOES V.8, S/O BABU, AGED 27 YEARS, RESIDING AT VASHAYIEL HOUOSE, BARMATTONM BRASOM., PARIPRFO P.O., AYMANAN VILLAGE, EOTTAYANM DISTRICT. BY ADYS SRI .P.M.SOSRE & SMP. SIOLT KR. BAUR. RESPONDENT (SRD RESPONDENT TRE REGIONAL MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, M.&. ROAD, RERNANULAM, ROCHT<11. BY ARDY SRI.R. BR. RAMANAND . PREIS MOTOR ACCTDENT CLAINS APPEAL HAVING COMB OF FOR ADMISSION ON 29.09.2028, TEE COURT ON THE SAME DAY DELIVERED THE SOLROWENS : MLA.C.A No. 1944 of 2016 Sathish Ninan, J.
eNE DS NDE 990K 0900 WONK O00.
< OOD DODO:
NACA No.1944 of 2016
SOOO OY
080 BDO 38000:
OOK GOOG
Dated this the 15" day of September, 2622
Pending the appeal, parties have settled the disputes amicably. They have filed a joint memo of settlement to the said effect. The terms of settlement have been stated therein. A modified award is passed in terms thereof. The joint memo of settlement will form part of the
judgment .
Sd/ -
Sathish Ninen, Judge
amc
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM,
MACA NO. 1944 OF 2016 PRASOBH V.B kee Appellant/Petitioner Vs
RELIANCE GENERAL INSURANCE be Respondent/4" Addl, CO, LTD Respondent
JOINT 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 08-05-2015 in OP(MV) No.A/2013 of the Motor Accidents Claims Tribunal, Kottayam. The original claim is one under Section 166 of the Motor Vehicles Act 1988 for injuries suffered by the appellant/claimant.
The leamed Tribunal after finding negligence on the insured vehicle awarded a compensation of Rs.1,10,000/-. The respondent insurer was made liable to pay the same with interest at % and proportionate cost. Dissatisfied with the quantum the claimant is in appeal.
The appellant/claimant and ne respondent Reliance General Insurance Company Ltd had discussed the matter during the settlement posting an 08-04- 2022, The appellant has agreed to receive Rs.93,455/- (Rupees Ninety Three Thousand four hundred fifty five only}, Qvhich is inclusive of interest component} in addition to the compensation already awarded by the Tribunal towards full and final settlement of all claims in the appeal. The respondent insurer has agreed te pay the above amount.
The appellant shall furnish the bank account particulars of the appellant within one month from the date of jadgment. The respondent insurer shall deposit the amount within one month from the date of receipt of the account particulars. In case the insurer fail to deposit the amount after receipt of the account particulars as stipulated above the arnount shall carry interest at 76 after the date of default.
Dated this the | 28 'dayof
pri . 2022 at Ernakulam.
APPELLANT:
a .
Counsel for the Appel Hants | os
Counsét f forthe 'ésponde nit Ay R x 2 VERS ALN A:
"Pw Mogh! "
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