Kerala High Court
Libin Kumar P.T vs The Divisional Manager on 12 January, 2023
IN THE HIGH couRT OF RERAI,A AT ERIiAxpLmt
PRESENT
TEE HONOURABIE MR. dusTICE SATE[ISH NINAN
THURSDAY, TEE i2TH DAr oF ]ENunRr 2o23 / 22ND pousm, 1944
!ncA No. 351 0F 20_|£
AGthlNST THE JUDGMENT AND APIZLRD DATED 08/10/2015 IN
OP(MV) .NO.1507/2013 0F MOTOR ACCIDENT CIAIMS TRIBUNEL, HOT"Y"
AP_PEliIANT/PETITIONER:
LIBIN KUMAR P.T
AGED 27 YEARS
S/O. THANKACIIAN, RESIDING AT PUTHUKATTUVELI
(KIDANGAYIL) , PAREMAKKIL KAVALA, ATHIRAMPUZIIA PO,
KOTTAYAM, PIN 686 562.
BY ADV SRI.P.M.JOSHI
REsponDENT/RESEiowDENT NO . 3 :
THE DIVISI0NAL MANAGER
THE NEW IDIA ASSURANCE CO. LTD, KOTTAYAM, PIN 686 001.
BY ADV P.IjlssY JOSH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SANE DAY DELIVERED THE
FOLLOWING :
imcIA No. 351 oF 2016
Sathish Ninan, I.
---------------------------,,
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I 11 ,I, I -------,-..----------
MACA No.351 of 2016
==========================
Dated this the 12th day of January, 2023
JUDGMENT
Pending the appeal, parties have settled the disputes
amicably. They have filed a ].oint memo of settlement to the
said effect. The terms of compromise 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 Ninan, Judge
rsr
Presented on : 2g-12-Z022
E-CA NO : CA-2022-019721
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Of Year 2022
MACA No.351/2016
SEITLEMENT MEMO
Sd/-
E-VERIFIED
P.M.JOSHI
K/754/1993
Presented on : 29-1Z-2022
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Of Year 2022
ln
MACA No.351/2016
LIBIN KUMAR P.T : Petitioner
V/S
THE DIVISIONAL MANAGER Respondent
Page NOs
Contents
iE!
settlement memo : SETTL
Sd/-
E-VERIFIED
e-
'J
BEFORn THH HON'BLH HIGH CouRT oF KERALA, AT
EENAKULAM.
MACA NO. 351 0F 2016
LIBINKUMAR P. T Appellantffetitioner
Vs.
NEW INDIA ASSURANCE CO. LTD ...... Respondent/3rd Respondent.
CO. LTD
JOINT SETTLEMENT MEMO F`ILED BY THE PARTIES IN THE ABOVE
MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL.
The above is an appeal against the award dated 8-10-2015 in OP(MV)
No.1507/2013 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 learned Tribunal after finding negligence on the insured vehicle
awarded a compensation of Rs. 2,40,700/-. The respondent insurer was made
liable to pay the same with interest at 9% and proportionate cost. Dissatisfied
with the quantum the claimant is in appeal.
The appellant/claimant and the respondent New India Assurance
Company Ltd., had discussed the matter during the settlement posting and the
appellant has agreed to receive Rs.1,30,000/- (Rupees One Lakh Thirty
Thousand only) (which is inclusive of interest component), in addition to the
compensation already awarded by the Tribunal as full and final settlement of
all claims in the appeal. The respondent insurer has agreed to deposit the above
amount in the account of the appellant.
The appellant shall furnish the bank account particulars of the appellant
within one month from the date of judgment. 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 amount shall cany interest at 7%
after the date of default.
Ti -rTr~.,`,` :i i -5-r=€tiT quF-iha S. fa.
Dated this the 23rd day of November , 20Zi2 a.t Emalqu,lap...
I o\.` „,'`„ H!tl!rA ,-`.I,jrailce
AppELLANT: 44 RESPONDENT:
Du,y Co,r,S[;,-,:,. J ,,--,,-,.- i
L.EB±,i kru rlAR F?T
counselfortheAppellant.Tse the respondent
L`ss13os.P
