Kerala High Court
Johnson C.J vs Ratheeshkumar on 18 September, 2023
IN THE NIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE NR. JUSTICE ®. SOMARAJAN
MONDAY, THE 28" DAY OF SEPTEMBER eae3 ¢ 2FTH BNADRA, 1945
MACA NO. 3687 OF 2026
AGAINST THE AWARD DATED 16/5/2019 IN DPMV 845/2612 oF MOTOR ACCIOENT
CLAINS TRIBUNAL, ALAPPUZNA
APPELLANT /CLATMANT <
JOHNSON C.J., AGED 27 YEARS, S/O JOSEPH, CHARANGATTY
HOUSE, KUTHIVATHODE P 0, KUTHIYATHODE PANCHAYATH,
ALAPPUZHA .
BY ADS.
NATHENS K.PHILIG
SHY. 7. MANASY
SNT.MINISHA K BAS
RESPONDENTS "RESPONDENTS :
i RATHEESHRUMAR, S/O RAJAPPAN, EATTIXAL ROUSE,
VENKURINIT P 0, PATHANAMTRITTA-680845 .
z ROR. MADHULH. NO. 20/4104 (4/624), SATNYAVILASAN,
VECHOOCHIRA BMAGOM, VENKURINGT & OG, RANNT,
PATRANANTHITTA - G89845 ,
3 THE DIVISIONAL MANAGER, UNITED INDTA INSURANCE COMPANY
LEMITED, IST FLOOR, OPPOSITE ST. AUGUSTINE HSS, NH.4?,
RYEPASS, AROOR PO, PIN -saRSa4,
SY ARDY SRI.PMM.NAJEER KHAN
THES MOTOR ACCIDENT CLAIMS APPEAL NAVING COME UP FOR ADMISSTON
ON 18.89.2023, THE COURT ON THE SAME pay DELIVERED THE FOLLOWING:
MACS No. S687 of 3000 2
JUDGMENT
Fhe matter has been settled. A joint statement Signed
by both parties and the respective counsel is produced.
Hence, the appeal will stand disposed of in terms of the
joint statement arrived at by the parties and it will
form part of the judgment of this Court. The award passed
by the Tribunal will stand modified accordingly.
Say -
F. SOMARAIAN
JUDGE
Imsp
EAA NO + CA-2023-029648
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
Of Year 2023
MACA No.3687/2020
JOHNSON Cl.
Appellant/Petitioner
RATHEESHKUMAR & OTHERS Respondents/Respondents
IOINT STATEMENT FILED BY THE APPELLANT AND THE SRD RESPONDENT.
Sd/-
E-VERIFIED
MATHEWS K.PHILIP
KAPOOT 29/1986
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goint statement ; 3 7 MACHA Ne S88 T20s 0S SEL EOE. isiaiel
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BEFORE THE HONOURABLE HISH COURT OF KERALA
AT BRNAKULAM
MACA No. 3687 / 2026
Johnson CS. a. Appellant/Petitiumer
Vis,
Ratheeshkumar & others ' Respondents/Respondents
JOINT STATEMENT FILED BY THE APPELLANT AND THE
3" RESPONDENT
1, The above appeal is filed from the Judgment in O. MV) No.
946/2012 on the fle Motor Accidents Claims Tribunal Alappuzha.
Smee AAW RE
The court below passed the ran amount of Rs.37, 786 with
interest and casts
2. Being aggrieved by the award, claimant has filed this appeal
before this court for enhancement of the compensation. Doring the
pendency of the case, the matter has been settled between the
appellant and the insurer of the offending vehicle. The ce
respondent insurer agreed to pay a further amount of Rs] DUG! as
additional compensation in the above appeal.
3. The 2™ respondent hereby agrees to transfer by way of NEFT, the
above amount of Rs.1,00,0004 (Rupees One Lakh only} to the bank
account of the appelants (lobnson C2) within a period of pvo
months from the date of receipt of the copy of the Judgment from the
Honourable High Court of Rerala, falling which the said amount will
warry interest at 9% fram the date of default.
For UNITED INDIA INSURANCE C6, ita
FSO VERIFIED?
a _ MACA NG FER P2082 OCS QO 2 2 BR 2 SH46}
joint statement _. ; = _--
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ms
4. There ts no threat, collusion, coercion or undue influence in arriving
ai the above settlement. There is ng mustake in arriving at this
seitlement either.
Dated thisthe 4" day of September, 2023,
ae _
Appellants: C#-. Respondent:
Johanson CUI. Onned India Insurance
' For UNITED INDIA INSURANCE CO. ETO.
4 oe s
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Stivers
ee
Advocate : Shows k k.. Philip Counsel fopthe respondent
Counsel for the appellang Ot » Advoca ate: of Nae 'Khan
. en -- /
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FSO VERIFIED-7
HEGH COURT OF RERALA
AT ERNARULAM
BEFORE THE HONGURABLE
MACA Nea. 36a? £2020
Johnson CU Appellant/Petutioner
Ratheeshkumar & others Respondents/Respondents
JOINT STATEMENT FILED BY THE APPELLANT AND THE
3° RESPONDENT
1. The above appeal is filed from the judgment in O.P. GWIV) No.
46/2012 on the fle Motor Accidents Claims Tribunal Alappuzha.
The court below passed the award for an amount of Rs.37,780/- with
interest and costs.
be
Being aggrieved by the award, the claimant has filed this appeal
before this court for enhancement of the compensation. During the
pendency of the case, the matter has been setilec between the
appellant and the insurer of the offending vehicle. The 3"
respondent insurer agreed to pay a farther amount of Rs.1,00,000/+ as
additional compensation in the abeve appeal.
3. The 2 respondent hereby agrees to transfer by way of NEFT, the
above amount of Rs. 1,006,000 GRupees One Lakh only) to the bank
account of the appellants Gohnson C.J.) within a period of pwo
months from the date of receipt of the copy of the judgment from the
Honourable High Court of Kerala, failing which the said amount will
carry interest at 9% from the date of default.
There is no threat, collusion, coercion or undue influence } i aryivar
at the above settlement. The
settlement either,
Dated this the 4"
oe
Qo oot y "en
ol
aoe ma we
Advocate : Mathew? K. Philip
Counsel for the appellant
day of
ne
asec
@ is no mistake im arriving at this
September, 2023,
Respondent:
United India Insurance
C 'ounsel for the respondént---~
Advoc ale : : Najecbe Khan
:
