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Balakrishnan P.G vs Vinaya
2023 Latest Caselaw 8225 Ker

Citation : 2023 Latest Caselaw 8225 Ker
Judgement Date : 1 August, 2023

Kerala High Court
Balakrishnan P.G vs Vinaya on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 1** DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
MACA_ NO. 896 OF 2016
AGAINST THE AWARD DATED 20.11.2015 IN OP(MV) No. 493/2011 OF
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR

APPELLANT/CLAIMANT:

BALAKRISHNAN P.G., AGED 47 YEARS,
S/o GANGADHARAN, PERUMTHITTA PARAMBIL HOUSE,
KADAKKARA, EZHIKKARA, NORTH PARAVUR-683 513,

BY ADV SRI.T.K.RADHAKRISHNAN

RESPONDENTS /RESPONDENTS:

1 VINAYA, S/o KRISHNAKUMAR,
VALIYAVEEDU, VARAPUZHA-683 517.

2 P.S.BOSE, S/o SIVAN P.K,
PUTHENPURAKKAL, MEENTHODUBHAGAOM,
CHIRAKKAKOM KARA, VARAPUZHA-683 517.

3 RELIANCE GENERAL INSURANCE CO. LTD.,
XL/3599, 4TH FLOOR, ELIZABETH ALEXANDER MEMORIAL
BUILDING, SHANMUGHAM ROAD, MARINE DRIVE,
ERNAKULAM-682 031.

BY ADVS. SRI.K.B.RAMANAND

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON
01.08.2023, ALONG WITH MACA.1160/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:


MACA Nos.896 & 1160 of 2016 2

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 1** DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
MACA NO. 1160 OF 2016
AGAINST THE AWARD DATED 20.11.2015 IN OP(MV) No. 492/2011 OF

ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR
APPELLANT /CLAIMANT:

MAHESHKUMAR V.A., AGED 49 YEARS,
S/o APPUKUTTAN NAIR, RAM NIVAS,
KADAKKARA, EZHIKKARA PO, NORTH PARAVUR- 683513

BY ADVS, SRI.T.K.RADHAKRISHNAN
SMT.CHITHRA R.SHENOY
SMT.S.SREEDEVIALP

RESPONDENTS /RESPONDENTS :

1 VINAYA, S/O KRISHNAKUMAR,
VALIYAVEEDU, VARAPUZHA - 683517

2 P.S. BOSE, S/o SIVAN P.K,
PUTHENPURAKKAL, MEENTHODUBHAGOM,
CHIRAKKAKOM KARA, VARAPUZHA 683517

3 RELIANCE GENERAL INSURANCE CO. LTD.,
XL/3599, 4TH FLOR, ELIZABETH ALEXANDER MEMORAIL BUIDLING,
SHANMUGHAM ROAD, MARINE DRIVE, ERNAKULAM 682031

BY ADVS. SRI.K.B.RAMANAND

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON
01.08.2023, ALONG WITH MACA.896/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:


MACA Nos.896 & 1160 of 2016 3

JUDGMENT

The matter is settled between the parties. A settlement signed by both the parties is produced. Hence, the same is accepted. Both the appeals are disposed of in terms of the settlement arrived at by the parties and the settlement

will form part of this judgment.

Both the appeals will stand allowed accordingly.

Sd/-

P. SOMARAJAN JUDGE

DMR/-

[9 Se!

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

M.A.C.A. No. 896 of 2016 Balakrishnan P G : Appellant.

. Vs .

Vinaya and others : Respondents

JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF SETTLEMENT

The above appeal was filed by the appellant challenging them quantum of compensation. The matter has been settied between the appellant and 3" respondent on the following terms and conditions with the free consent of both the parties. |

1. The appellant above named and 3" respondent has settled the Claim as full and final settlement for a sum of Rs.50,000/-( Rupees Fifty Thousand only)

2. The appellant has agreed to relinquish any further claims in the appeal.

3. We humbly request this Hon'ble Court to record this joint memo of settlement and pass judgments in terms thereof.

4. We further states that the above name 3" respondent shall deposit Rs.50,000/- before the Motor Accidents Claims Tribunal, North Paravoor within one month fror the date of receipt of the

Balakrishnan P G

Appellant C= '

TK nee 32

Counsel for Appellant A , fa ' Romnavrend ,

- Cornns.c f = Aha /Seapernetod

[9 3] 2-

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

M.A.C.A. No. 1160 of 2016 Maheshkumar VA : Appellant.

VS Vinaya and others : Respondents

JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF SETTLEMENT

The above appeal was filed by the appellant challenging them

- quantum of compensation. The matter has been settled between the appellant and 3" respondent on the following terms and conditions with the free consent of both the parties.

1. The appellant above named and 3™ respondent has settled the claim as full and final settlement for a sum of Rs.50,000/-( Rupees Fifty Thousand only}

2. The appellant has agreed to relinquish any further claims in the appeal.

3. We humbly request this Hon'ble Court to record this joint memo of settlement and pass judgments in terms thereof.

4, We further states that the above name 3" respondent shail deposit Rs.50,000/- before the Motor Accidents Claims Tribunal, North Paravoor within one month Vor of receipt of the judgment from this Hon'ble Court.

Dated this the 22™ day of July 202 S/aGiCLiRo?

Sap --™ 1) KERALA) ae

; 2 % Strutory %

Mahesnkumar V.A Wy : ee Insurer

Appellant Reliance Ganzral insurance Co. Ltd, TK ona 22 Counsel for Appellant K: B: Rorreanrend

Covinnsect &~ Khe. Re pers

 
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