2022 Supreme(Online)(KER) 41596
HIGH COURT OF KERALA
Sathish Ninan, J
ANDY – Appellant
Versus
SUNI – Respondent
MACA 1900 2013
SRI. ZUBAIR PULIKKOOL, SRI. THOMAS MATHEW NELLIM00TTIL
Judicial recognition of settlement agreements enhances dispute resolution efficiency and aligns with principles of party autonomy in legal disputes.
Headnote:
Settlement - Motor Vehicle Accident - - The court acknowledged the settlement between the appellants and the insurance company, modifying the original award accordingly and ensuring compliance with the settlement terms.
Fact of the Case:
The case involved an appeal for enhancement of compensation following a motor vehicle accident that resulted in the death of an individual. The appellants, being the family members of the deceased, initiated the settlement with the insurance company for compensation.
Finding of the Court:
The court recognized the joint settlement arrived at by the parties and deemed the revised compensation amount of Rs. 16,00,000/- as a full and final settlement of all claims. It also mandated the insurance company to deposit this amount promptly.
Issues: Whether the negotiated settlement between the appellants and the insurance company was valid and enforceable, and how it should be incorporated into the judgment.
Ratio Decidendi: The court upheld that settlements reached through mediation are binding and may be incorporated into judicial orders, emphasizing the parties' autonomy in resolving disputes amicably.
Final Decision: The court modified the award as per the settlement agreement.
Pending the appeal, the parties have arrived at a settl.ement. A joint statement has been filed to the said effect incorporating the terms of the settl.ement. A modified Award is passed in terms thereof . The joint statement filed by the parties will form part of the judgment.
Sd/-
SATHISH NINAN JUDGE sd Filed on /;.¢6.2022 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM M.A.C.A. No.1900 of 2013 Andy and others Suni and others \.,s.
1 J~ Petitioners/ Appellants Respondents/ Respondents ±QLNTSTATEMENTFILEDBYTHLEAPPELLANTANDTHE3rdRESPONDNET lNSURAN£E COMPANY ZUBAIR PULIKOOL (Z-28) BINU.P.S.(B.678) Counsel for the Appellants ......., ±=4±1-_-j>-`i¥-,,-i BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM M.A.C.A. No.1900 of 2013 E-
1. Andy, S/o. Kannan, Aged 71 years( Died)
2. Narayani, W/O Andy,Aged 35 years,
3. Sunitha, W/o Late Rajan, Aged 44 years,
4. Nijesh, S/o Late Raj.an, Aged 28 years,
5. Nijith, S/o Late Raj.an, Aged 26 years
6. Nikhjl, S/o Late Rajan, Aged 26 years AH are residing at KurooHikandiyH Thamaslkkum EdakkudiyH House, Ponmeriparambil PO, Ayanchery VatakaraThaluk, Kozhikode District-673106 a-:
r| 1. Sunj.S/o Kunhiraman, Malayil House, Thodannur PO,VatakaraThaluk, Kozhikode District-673 541
2. Rajeesh C.K, S/o Kannan, Cherukunnummal House, Mandarathur PO, VatakaraThaluk, Kozhjkode District-673 541
3. The New India Assurance Co.Ltd. Branch Office, Al-Mubarak Building, EDodi, Vatakara Taluk, Kozhikode-Pin: 673101 JOINT FILED BY THE BESPONDNET INSURANCE AND THE 3rd a goMPANY
1. The above appeal filed by the appeHants for enhancement of compensation in a motor vehicle accident case. The lst appellant was died on 10/07/2016 and that has been recorded by this Hon'ble court As per order in lA 1/2022, Appellant 2 to 6 are the dependants of deceased Rajan The appellants are the clalmants in 0 P.(MV) 758/2010 on the file of MACTA Vatakara. The 3rd respondent admitted the insurance policy and in a mediation talk the matter has been settled. Hence respondents number 1 and 2 are not necessary party jn this Joint statement.
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2. The incident in the above case happened on 27.05.2010 and the Rajan Korolakandyildiedintheaccjdentappellantsarethemother,wifeandchildrenofthe deceased Rajan.
3. The appeHants and the insurance company have negotiated the matter outside the court and arrived into a compromise settlement in fuH and final settlement of aH claims of the appellant. It js agreed that the respondent Insurance company shaH pay an additional amount of Rs 16,00,000/- (Rupees sixteen lakhs) The said amount of Rs.16,00,000/-is including the interest also.
4. The respondent Insurance company hereby agrees to deposit the above said amountbeforetheTribunalwithinaperiodoftwomonthsfromthedateofreceiptof copy of the Judgment. In case of default of payment within two months as stated rl abovetherespondentinsurancecompanyjsliabletopaytheinterest@9%fromthe date of default.
The settlement win form part of the Judgment of this Hon'ble Court.
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COUNSEL FOR THE APPELLAN atl3 th(a P¢L\1f`aeL COUNSEL F .®/, `` J Dated this the. 18th day of May, 2022