Kerala High Court
Ajitha Viswambharan vs Saji Raj on 12 January, 2023
IN TEn= HIGH couRT oF RERAIA AT EENZLKt7uLM
PREsrm
THE HONOURABLE ID. JUSTICE SATHISH NIEN
THURSDAy, THE i2" DAy OF -anARy 2o23 / 22ND pOusIA, 1944
[email protected]£A NO. 246 0F 2Q2±
AGAINST THE ARARD IN op(rv) .No.187o/2ol6 OF roroR AcclDENT cIAus
TRIBURAI,, pERtn"wooR BRED 29-10-2019
±=PEIIILENT/PETITIONE?i
AJITIIA VISWAMBHARAN,
AGED 55 YEARS
W/O.VISWAMBHARAN, CHOORANATT HOUSE, VENGOLA KARA,
VENGOLA VIIjLAGE, VALAYANCHIRANGARA POST, KUNNATHUNADU
TALUK, ERNAKULAM DISTRICT-683 556.
BY ADV R.SREEHARI
B=_§pOwDENTs / REsroNDENTs_i
1 SAJI RAJ,
S/O.RAJAN, PALLIKUNNEL HOUSE, MUIAKULAM NORTH RARA,
PIRAVOM VILLAGE AND POST, MUVATTUPUZIIA TALUK, ERNAKULAM
DISTRICT-686 664.
THORAS,
S/O.THAPPIRI, MEPPILLIL HOUSE, ONAKKOOR RARA, ONAKKOOR
VILLAGE AND POST, MUVATTUPUZIIA TALUK, ERNAKULAM
DISTRICT-686 667.
UNITED INDIA INSURANCE CO.LTD. ,
BRANCH OFFICE, 2ND FLOOR, GM ARCADE, POST OFFICE
JUNCTION, PIRAVOM POST, MUVATTUPUZHA TALUK, ERNAKULAM
DISTRICT, REPRESENTED BY THE BRANCH MANAGER, PIN-686
664.
BY ADV Deepa George George
THIS MOTOR ACCIDENT CLAIMS APPEAI. HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
emcA No. 246 oF 2022
Sathish Ninan, J.
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MACA No.246 of 2022
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Dated this the 12th day of January, 2023
JUDGMENT
Pending the appeal, parties have settled the disputes
amicably. They have filed a joint statement to the said
effect. The terms of compromise have been stated therein. A
modified award is passed in terms thereof . The ].oint statement
will form part of the ].udgment.
Sd/-
Sathish Ninan, Judge
rsr
Pnesented on : 0401-2023
E-CA NO : CA-2023-000185
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
MACA No.246/2022
APPELLANT
AjITHA VISWAMBHARAN
-VS-
RESPONDENTS
SAjl RAj AND OTHERS
JOINT STATEMENT OF COMPORMISE FILED BY THE APPELLART AND "E 3r
RESPONDENT
FSO VERIFIED-18
Presented on : 0401-2023
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
MACA NOT246#022
APPELLANT
AJITHA VISWAMBHARAN
-VS-
RESPONDENTS
SAjl RAj AND OTHERS
INDEX
Page NOs
SL Contents
JOINT STATEMENT OF COMPORMISE FILED BY THE APPELIANT 3rd 1-3
RESPONDENT
Sd/-
E-VERIFIED
FSO VERIFIED-18
BEFORE THE HONOUIIABLE HIGH COURT OF KERALA AT
ERNAKULAM
M A C A No. 246 /2022
APPELLANT
Ajitha Viswambharan @Agitha Viswambharan, aged 55 years,
Chooranatt House, Vengola Kara,Vengola Village,
Valayanchirangara Post, Kunnathunadu Taluk, Emakulam District,
Pin-683 556.
-Vs-
RESPONDENTS
1. Saji Raj, S/o.Rajan, Pallikunnel House, Mulakufam North Kara,
Piravom VIllage and Post, Muvattupuzha Taluk, Emakulam
District, Pin{86 664.
2. Thomas, S/o.Ithappiri, Meppillil House, Onakkcor Kara,
Onakkcor VIIIage and Post, Muvattupuzha Taluk, Emakulam
District, Pin- 686 667.
3. United India Insurance Co.Ltd, Branch Office, 2nd flcor, G M
Arcade, Post Office Junction, Piravom Post, Muvattupuzha
Taluk, Ernakufam District, Pin-686 664, Represented by the
Branch Manager.
JOINT STATEMENT OF cOMroRMlsE FILED By ThE
APPELLANT AND THE 3rd RESPONDENT
1. The above appeal has been filed by Ajitha viswambharan,
challenging the inadequaey of the compensation awarded by the Motor
Accidents Claims Tribunal, Perumbavoor in 0.P.(MV) No.1870/2016,
dated 29/10/2019, with respect to the bodily injuries sustained by the
appellant on 20/09/2016.
QgivMe-
i- His
Assistant Manager
2. It is respectfully stated that in 0.P.(MV) No.1870/2016 of Motor
Accidents Claims Tribunal, Perumbavcor, the Tribunal had granted an
amount of Rs.1,86,580/-as compensation to the claimant with interest at
8% per annum from the date of filing of petition before the Tribunal
(27/12/2016) till realization with proportionate costs. The 3rd respondent
insurer had admitted the coverage of the insurance poliey in respect to
the offending vehicle and the liability to pay compensation is on the 3rd
respondent Insurance Company.
3. The appellant and the 3rd respondent Insurance Company have
negotiated the matter out of court and has willingly arrived at a
compromise settlement in full and final settlement of all the claims of the
appellant against the 3rd respondent insurance company arising out of
the accident and the original petition mentioned above in this appeal. It
is agreed that the 3rd respondent shall pay an additional amount of
Rs.27,600/-(Rupees twenty seven thousand and six hundred only) to the
appellant by way of full and final settlement of all the claims of the
appellant against the 3rd respondent Insurance Company.
4. It is hereby agreed by the appellant have no objection what so
ever in receiving the aforesaid amount of Rs. 27,600/- (Rupees twenty
seven thousand and six hundred only) by the appellant and to receive the
aforesaid amount for and on behalf in terms of this compromise
settlement.
5. The 3rd respondent hereby agrees to transfer by way of NEFT,
the above amount of Rs. 27,600/- (Rupees twenty seven thousand and
six hundred only) to the bank account of the appellant within a period of
30 days from the date of receipt of the copy of the Judgment from the
Ob.[ky
:-_--=-
#viRI
Assistant Manager
Honble High Court of Kerala, failing which the said amount will carry
interest at 9% from the date of default.
6. There is no threat, collusion, coercion or undue influence in
arriving at the above settlement. There is no mistake in arriving at this
settlement either.
It is therefore prayed that this hon'ble Court may be pleased to
record this joint statement and to pass a judgment in terms thereof.
Aadhar and Bank details of the ADDellant
Aadhar No : 722144390048
Bank details : Union Bank of India,
Arakkapady Branch.
Account No. : 378802010009439
IFS Code :UBIN 0537888
Dated this the 21st day of December,2022.
Appel,an, o&EL
Ajitha Viswambharan @Agitha Viswambharan
R.Sreehari HKZH.EnE 000)
Counsel for Appellant
Hms ds
Assistant Manager
3rd
The Insurance Co. Limited
RE
Counsel for 3rd respondent
