Kerala High Court
Geetha Prasad vs Harikuttan K.V on 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 232 pay OF JUNE 2023 / 2ND ASHADHA, 1945
MACA NO. 1973 OF 2619
AGAINST THE AWARD DATED 67.11.2018 IN OPMV 261/2615 ON THE
FILE OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/PETITIONER:
GEETHA PRASAD
MAMKUTHIL HOUSE, UTHIMOODU P. 0O.,
CHERUKOLE VILLAGE,
RANNY TALUK.
BY ADVS.
T.K.KOSHY
SABU I.KOSHY
V.V.RISANI
SNEHA SUKUMARAN MULLAKKAL
RESPONDENTS/RESPONDENTS 1 & 2:
1
HARIKUTTAN K. V.,
S/0. VISWAMBHARAN P. K.,
KAIPPAKASSERIL THEKKETHIL,
NEAR POOVAPUZHA TEMPLE,
ERAVIPEROOR P. 0., THIRUVALLA,
PIN - 689 542.
MANAGER,
RELIANCE GENERAL INSURANCE CO. LTD.,
2ND FLOOR, VISHNU BUILDINGS,
KP VALLOM ROAD, KADAVANTHARA,
COCHIN, PIN - 682 626.
BY ADVS.
SRI.JOHNSON GOMEZ
SRI.GEORGE A. CHERIAN (SR.} - SC
SRI.S.BIJU
SMT .K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 23.06.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA.No.1973 OF 2019
2
JUDGMENT
The learned counsel for the appellant and the 2"
respondent have filed a joint memo to the effect that
the subject matter of the lis involved in the appeal
has been settled between the parties. The settlement
dated 06.06.2023 signed by the appellant and the 2"
respondent and countersigned by the respective
counsel is produced along with the statement.
2. I have perused the statement of settlement
and found the same to be in accordance with law.
Recording the said statement, this M.A.C.A is
disposed of. The terms of settlement shall form part
of the judgment.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
~ BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
M.A.C.A.No. 1973 of 2019
Geetha Prasad > Appellant
vs.
The Manager,
Reliance General Insurance Co Ltd. - 2" Respondent
JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF THE
SETTLEMENT
The above Appeal is filed by the appellant for enhancement of the quantum of
compensation from the award of the Hon'ble MACT, Pathanamthitta in OP(MV) 261/2015.
The matter has been discussed between the appellant and the 2 respondent and it has
been agreed to settle the above case on the following terms and conditions:
The appellant above named and the 2™ respondent have willingly arrived at a
compromise on 5-6-2023 to settle the claim for enhancement in full and final settlement for
a sum of Rs.2,17,000/- (Rupees Two Lakhs Seventeen Thousand Only). This amount is over
and above the amount satisfied by the 2" respondent as per the Award before the Hon'ble
MACT.
The Appellant has agreed to relinquish the entire balance claim in the claim petition
and in the appeal. No threat, coercion or undue influence is applied in arriving at the above
settlement .
The above named 2™ Respondent has agreed to deposit cheque/cheques in the
MACT or fund transfer to the bank account of the appellant/ petitioner an amount of
Rs.2,17,000/- (Rupees Two Lakhs Seventeen Thousand Only) within 2 months of the date of
receipt of the Judgment of this Hon'ble Court failing which interest at the rate of 9% shall
be paid from the date of default till the date of payment.
We, the signatories below, therefore humbly request this Hon'ble Court to record
this joint memo of settlement and to pass a Judgment in terms of the settlement thereof
'OR REL LAN " = a
Dated this the 6" day of June , 2023"" oe GENERA INSURANCE BO, UD
Lie the het |
Geetha Prasad Reliance General Insurance Co Lt
Appellant 2" respondent sett
Adv.Sabu-I-Koshy Adv. Latha Susan Cherian
Counsel! for the Appellant Counsel for the 2" respondent
