Kerala High Court
Ganesan vs Salath Shahul.K on 13 March, 2023
IN THE NIGH COURT OF KERALA AT ERNAKULAM
PRESENT
TRE HONQURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, YNE 13"? pay oF MARCH 2023 / 22ND PHALGUNA, 1644
NACA NO. 2075 OF 2079
AGAINST THE AWARD DATED 87.03.2619 IN OP(MY) NO. I8S8/2015 OF THE
MOTOR ACCIDENT CLAINS TRIBUNAL, PATHANAMTNITTA
APPELLANT:
GANESAN,, O4.05.78 KOTTARAM STREET,
ACHANPUBUR VILLAGE, SENGOTTAT TALUK,
YHIRUNELVELT DISTRICT, PIN-G627 893
BY ADVS.
¥.K. ROSARY
SRI. SABU IT. KOSKY
RESPONDENTS :
a SALATH SHAHUL.K., 5/0. SHANUL HAMEED,
KURUVIKATTIL HOUSE, CHITTOOR WARD,
VETTIPURAM MURI, PATHANANTHITTA, PIN-889 645
2 SOMARAJAN, S/O. VELU, CHIRAYAKAL BADEETTATNIL
HOUSE, THODTYOOR NORTH P.Q., KARUNAGAPPALLY,
PIN-690 S18
3 DIVISTONAL MANAGER, NATIONAL INSURANCE CG.LTD.,
DIVISIONAL OFFICE, NELSON COMPLEX, P/B.NO.68.,
KAYANKULAM, PIN-S90 502
BY ADY SNT.P LA, REZTYA
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP For
ADMISSION ON 13.93.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING ;
MACA 2073/19
"3
ay
JUDGMENT
When this matter was called today, the learned counsel for the
parties were ad idem that the disputes between their clients have heen
settled and that a Joint Statement has been Sled.
2. I have examined the Joint Statement and sex that the claim of
the claimant has been settled by the Insurance Company for an amount
of Rs.2,97,000/. (Rupees Two Lakhs Ninety Seven Thousand only? in fall
and final settlement and thet they have agreed to deposit the same
before the Tribunal, within a period of nvo months from the date of
receipt of a copy of this fiement
In the afore circumstances, 1 allow this appeal in terms of the
Compromise Petition dated 13.02.2023 fled by the parties: with a
direction to the Insurance Company to deposit the afore said amount
before the Tribunal, within a period of twa months from the date of
receipt of a copy of this judgment; failing which, the appellant will be
entitled to Interest on the afore said sum at the rate of 8% per annum
from the date of this fudement, until it is paid or recovered.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
M.A.C.A.No. 2973 of 2019
Ganesan : Appellant
¥S.
Divisional Manager, National insurance Coltd. © 3% Respondent
JOINT MEMO OF SETTLEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF THE
SETTLEMENT
The above Appeal is fled by the appellant for enhancement of the quantum of
compensation from the award of the Hon'ble MACT, Pathanamthitta in OP(MV) 1830/2015,
The matter has been discussed between the appellant and the 3° respondent through
their counsels and it has been agreed to settle the above case as per the instructions
recelved from the parties concerned on the following terms and conditions:
The appellant above named and the 3" respondent have willingly arrived at a
compromise on 11-2-2023 to settle the claim for enhancement in full and final settlement
for a sum of Rs.2,97,000/- (Rupees Two Lakhs Ninety Seven Thousand Only}. This amount
is over and above the amount fully satisfied by the 3° 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 ar undue influence is applied in arriving at the above
settlement .
The above named 3"° Respondent has hereby agreed to deposit cheque/cheques
in the MACT or fund transfer to the bank account of the appellant/ petitioner an amount
of Rs.2,97,000/- (Rupees Twe Lakhs Ninety Seven 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 hurnbly request this Hon'ble Court ta record
this Joint Memeo of Settement and to pass a Judgment in terms of the settlement ibereof. oat
Dated thisthe 13° day of February, 2023 Soh KEES \
Ss
. &
J hes
ne aw sort
Ganesan Divisional Manager, National insurance Co. Ltd
Appellant 3° respondent
BONS
egg, SED \
St a o
Ady. Sabu-l-Koshy Adv, PA Reziya
Counsel for the Appellant Counsel for the 3" respondent
