Wilson Philip K.P vs Santhosh
2023 Latest Caselaw 5837 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                        MACA NO. 2073 OF 2018
 AGAINST THE AWARD DATED 31.01.2018 IN OPMV 940/2016 OF THE MOTOR
               ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
APPELLANT:/PETITIONER

          WILSON PHILIP K.P.
          AGED 25 YEARS
          S/O.PHILIP, KAPPURARAMBIL HOUSE,
          KARIMBA, KALLADIKKODE, MELEPPAYYANI,
          KONGAD ASSEMBLY CONSTITUENCY, PALAKKAD.

          BY ADV SRI.K.A.SREEJITH



RESPONDENT/RESPONDENTS:

    1     SANTHOSH
          AGED 38 YEARS
          S/O.VARGHESE, CHAKKOTHODI HOUSE, PARIYAPADAM,
          KALLADIKKODE, KONGAD ASSEMBLY CONSTITUENCY, PALAKKAD
          (R.C.OWNER CUM DRIVER OF REG.NO.KL 505/B-7156)

    2     UNITED INDIA INSURANCE COMPANY LTD.
          DIVISIONAL OFFICE, MALABAR FORT BUILDING, G.B.ROAD,
          PALAKKAD 678001 (INSURER OF CAR BEARING REG.NO.KL-55/B-
          7156 VIDE POLICY NO.1012053115P 108852982 VALID FROM
          31.10.2016)

          BY ADV N.S.MOHAMMED USMAN




     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 2073 OF 2018          :2:


                         JUDGMENT

The appellant herein is the petitioner in O.P.(MV)

No.940 of 2016 on the files of the Motor Accidents Claims

Tribunal, Palakkad. He has preferred this appeal for

enhancement of the compensation awarded by the

Tribunal for the injuries sustained by him in a motor

accident.

2. Today, when this matter is taken up for

consideration, the learned counsel appearing on both

sides submits that the matter has been settled between

the parties and a joint memo dated 16.02.2023 to that

effect has been filed by the appellant. The terms of

settlement are extracted below:

"The above appeal is filed by the appellant for ehancement of the quantum of compensation awarded. The matter has been discussed between the appellant and respondent and it has been agreed to settle the case of followings terms and conditions.

The appellant above mentioned and the respondent have willingly arrived at a compromise to settle the

claim in full and final settlement for an amount of Rs 45,000/-( Rupees forty five thousand only).

The appellant agreed to relinquish the above entire claim in the petition and the appeal.we

No threat, coercion or undue influence is applied. There is no mistake in arriving the settlement. We humbly request this Honourable Court to record this joint statement and to pass a judgment in terms thereof.

We further state that the above named Respondent has agreed to deposit the cheques / or cheque in MACT or fund transfer to the account of the petitioner an amout of Rs 45,000/- (Rupees forty five thousand only) as directed by this Honourable Court within 30 days of the receipt of judgment of this Honourable Court."

The same is recorded and the appeal is disposed of

accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB