Citation : 2023 Latest Caselaw 9152 Ker
Judgement Date : 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNARULAN
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJIAN
WEDNESDAY, THE 23°? nay OF AUGUST 29622 / IST BHADRA, 1945
MACA NO. 736 OF 202%
AGAINST THE AWARD SATED 62.12.2028 IN OPMY 1295/2618 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANT SS:
ANTU §.0., AGED 53 YEARS,
3/0, OQUSEPH, NANAKKAPADY HOUSE, ATTARA DESO,
MOOKRANNUR VILLAGE AND FP. 0., ALUVA TALURK,
ERNARULAM OYST- S8257%.
BY ADS.
AR. NIMOD
Ski. 8 A. AUGUSTINE
RESPONDENTS "RESPONDENTS :
a RINCY JO20, W/O. 3000, VITHAYATHIL O89), NAYATHODE P.O...
ANGAMALT, ERNAKULAN DIST- 883872 .
{OWNER <- KL-62/B-80¢8}
2 @. KR. SAG, S/O. KUTTAPPAN, OLIYIL (4), ANNALOOR P.O, ,
PACHOORKARA, THRISSUR DIST- 680732. CORIVER ~ RL-~83/B-
8948)
3 UNTTED INDIA INSURANCE CO. LYB.,
KR. &. TOWER, ANGAMALT, ERNAKULAM DIST. - GES8S72.,
REPRESENTED BY BRANCH MANAGER. (INSURER - KL-G3/B-8048 }
BY ADY P.K. MANQJIKUMAR
THIS MOTOR ACCIDENT CLAINS APPEAL HAVING COME UP FOR
AUMTISSION ON 23.88.2023, YHE COURT ON YHE SAME DAY DELIVERED THE
FOLLOWING;
NACA NO. F118 OF 288%
Msp
2
JUDGMENT
The matter has been settled. A joint statement Signed by both parties and the respective counsel is produced. Hence, the appeal will stand disposed of in terms of the joint statement arrived at by the parties and at will form part of the dudgment of this Court. The award passed by the Tribunal will stand
madified accardingly.
Sd/-
P. SOMARAIAN JUDGE
Presented on: 14-00-2023
BCA NO: CA-2O29-02 1634
BEFORE THE HONQURABLE HIGH COURT OF KERALA AT ERNAKULAM
___ OF Year 2023
enna
in
aye
MACS Ne. TeRg21 eo
ANTU MO,
RINCY JO]O & Others spondents! Respondents
JOINT STATEMENT FILED BY THE ARPELLANT AND THE SRD REST ONDENT
Sdi-
E-VERIRIED AR SIMOD K/S39/2008
"og PEPPEELEDE OLED ALSLETIES:
PSO VERIFIED-42
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
BE Year 2023
in
MACA No, 16/2021
ANTU MO, Appellant / Petitioner
RINCY JNO. & OTHERS : Respondents / Respondents
SL Contents Page Nag T-3 Safe E-VERIFIED
i Joint statement : Joint State :
PSO VERIPIED-43
BEFORE THE HON'BLE HIGH COURT OF RKRERALA, AT ERNAKULAM
MLA.CLA. NO. THO 2021 Antu. MLO : Appellant/Petitioner. ¥s.
Riney Jojo and Others : Respondents/Respondents
JOINT STATEMENT FILED BY THE APPELLANT AND THE 3" RESPONDENT
Counsel for the Appellant & 3° respondent
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
MLACLA. NOS TEGO / 2021
Antu.M.O ; Appellant/Petitioner. Vs.
Riney Jojo and Others : Respondents/Respondents
JOINT STATEMENT FILED PY THE APPELLANT AND THE ard RESPONDENT
1, The above appeal is Hled by the claimant against the award dated 02.12.2020 in O.PUMV) S PS/2018 on the file of the Motor Ascident Claims Tribunal, brinjslakuda. The Tribunal awarded an amount of Rs.3.30,950/ as compensation along with interest and directed the 3rd respondent United India Insurance Co.Ltd. to deposit
the amount.
2. The claimant has Nled the present appeal challenging the quantam af campensation. The appellan above named and United India Insurance Co.Lid. have negotiated the matter out of court and willingly arrived at a somproenise settlement in full and final settlement of all the claims of the appellants against the United India
Instrance Co.Ltd. arising out of the accident and the original petition
mentioned above,
3. Rois agreed that United Indie Insurance Co.Ltd. shall pay an additional amount of Rs.2,20,000/- (Rupees Two lakhs twenty thousand only) inclusive of all interest and casts to the appellant by way of full and final settlement of all the claims of the appellant
"
against United India Insurance Co.Ltd. (ard respondent),
4, The 3° respendent shall deposit the sald amount before Motor
Accident Claims Tribonal, Irinjalakuda.
5, The United India Insurance Co.Ltd. will | of Rs.2,20,000)- (Rupees Two lakhs period of one month from the date of receipt of the copy of the judgment from the Hon*ble High Court before Motor Accident Claims Tebunal, [rmjalakuda for withdrawal by the appellant. If the amount
is not paid within the period of ane month as stated abowe the
enhanced amount would carry interest @ 8%. pa. from the date of
default,
There 18 no threat, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at the settlement
either.
We humbly request this Hon'ble Court to record this joint statement and to pass a judgment in terms theree!,
Z
fh on Dated on this thetdy day of July, 2023
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Ady Nimod A.
Ante. MO, aged 55 years, S/o Quseph, Manakkanady Hause, Atiara Desom, Mookhanrnur villages,
&P.O.Abova Taluk, Ernakulam Die
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A { >» We kone? Pa cms ll AAGV. EL Roo M4 aba Rte ,
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