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2022 Supreme(Online)(KER) 62361

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 31ST DAY OF MARCH 2022 / 10TH CHAITHRA, 1944 MACA NO. 1570 OF 2016 AGAINST THE ORDER/JUDGMENT IN OPMV 1178/2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR APPELLANT/S:

SURESH BABU, S/O. GOPALAN NAIR, PALLATTU HOUSE, THANNIPARA BHAGAM PANACHIPARA KARA, NEDUBHAGAM VILLAGE, POONJAR, KOTTAYAM DISTRICT BY ADVS.

SRI.SHAJI THOMAS SRI.B.RAJESH KOTTAYAM RESPONDENT/S:

* 1 ABDUL RAUF,S/O. AHAMMED KABEER PULICKACHALIL HOUSE, PANACHIPARA,MUNNAR 685 512 CORRECTED THE ADDRESS OF THE 1ST RESPONDENT IS CORRECTED AS: ABDUL RAUF,S/O.AHAMMED KABEER, PULLICKACHALIL (H), PANACHIPARA KARA, POONJAR P.O, PIN 686581 AS PER ORDER DATED 30.08.2017 IN IA NO.3188/2017 IN MACA 1570/2016

2 SATHEESH M.L, THERUMMAL VIA, MARIYAPURAM, CHENKAL, THIRUVANANTHAPURAM 695 121

3 BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., BRANCH OFFICE COCHIN 682 035 BY ADV SRI.AKHIL K.MADHAV THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appeal is filed by the petitioner in OP(MV)

No.1178/2011 of the Motor Accidents Claims Tribunal, Perumbavur, seeking enhancement of compensation.

2. On the suggestion made by this Court, the appellant and the 3rd respondent agreed to explore the possibility of settling the dispute through direct negotiation.

3. Pursuant to the settlement talks held in this Court, the above parties have arrived at an amicable settlement, as per the terms and conditions in the joint compromise petition dated 18.03.2022, signed by the parties and counter signed by the respective counsel.

4. I have perused the joint compromise petition and found that the compensation amount agreed between the parties to be just and reasonable, and that the settlement is in accordance with law.

In the result, the appeal is allowed as per the terms and conditions in the joint compromise petition dated 18.03.2022, which shall form part of the judgment. This Court places on record its appreciation for both the appellant as well as the 3rd respondent – insurer in harmoniously settling the dispute and putting an end to the litigation, and also for saving the precious judicial time.

Sd/-

C.S.DIAS JUDGE rkc/31.03.22 IA 1/2022 IN MACA 1570/2016 Filecl on: -25.3^2022 BEFORE THE HONOURABLE HtGH COURT OF KERAIA, AT ERNAKULAM I,A.No. I Of2022 in MACA No,1570 of 2016 Bajaj Amanz General } Petitioner/ 3rd Respondent Insurance Compeny Limited ®

V.

Sure§h Babu i RespondentiAppeflant INT COMPORMISE PETl ORDER fim3ffi5fE:_fp-E AKlllL K.MADHAV COUNSEL FOR TliE PETITIONER/ 3RD RESPONDENT IA 1/2022 IN MACA 1570/2016 BEFORE THE HONOuRABLE`HIGH COURT OF KERALA AT ERNAkuLJ"

LA`No C| of2022 in MACA No 1570 of 2018 pETiTlaNERI 3Ro FtEspc]NDENT iN AppEAL Bajaj Alllanz General Insurance Company Lwhited, a compiariy incorporated imder the Companies Act, having ife registered office at GE Plaza. Alrport Road, Yerwata, Pune~ 411006 represented by its ®

g##'aE13aer',8#fuagbeedrs,38p¥%.reyDtoEs#M%'

Road, RavipuTan, Cochin, Pin-682015. RESPONDENT/ APPEILANT IN APPEAL Suresh Babur anged 49 years, S/a Gopalan Nair, allattu House, Thannipara Bhagam. Panachipara Kara. Nedubhagam VIllage, Poonjar, Kottayam District, Pin: 688581 JOINT COMPORMISE PETITION FEL.ED UNDER ORDER XXIll RULE

3 READ VVITH sECTroN 151 OF THE CODE cif civiL EBQELDfty_BE.1908

1. The above appeal is filed against award dated 23.12.2015 in O^P(M.VINo,1178 Of 2011 of Mctor Accidents Clainis Tribunal.

®

Perurnbavur. Trie petitioner herein is the Insurer/ 3Td respondent in the appeal and the respondent herein is the appellantfoleimant in the appeal

2. The parties have entered Into a settlement out Of Court after filling Of the appeal` As per the terms of Settlement the appellant has agreed to accept a total amount of Rs. 33,000/- (Rupees Thirty `\}.,!Lqu:=ffl-

IEREI L,~ - - I _

IA 1|2022 IN MACA 1570/2016

2.

three Thousand only} in filll and final satisfaction of all thefr claims in the ahave case including the compensation. interest and costs throughout. The petitioner/ Insurance company shall pay tlie said amount of Rs 33,000/-(Rupees Th[rty three Thousand on!y} to the appellant within 60 days Of allow(ng this compromise petiticm and pa§slng of fina! juclgment jn the appeal and recelpt Of the same.

3. The settlement @moiint shall be rleposited through NEFT ln the aceaiint in the name of the appellant (Suresh Babu PG) in SotJth Indian Bank, Panachippara Branch, Poartyar, Kottayam havirig Accoimt No. 0761053000001817 and lFSC Code SIBL000076i ®

4, The appellant does iiot have a claim against the led and 2flrd respondent in the appealt they are made only as a formal party, 5, ln the cji.oumstances, me above appeal may be disposed in terms of this compromise petitlQnL making thig compromise petmon as part of the final order, \^whout casts`

Facts stated above are true and correct.

Dated the 18!ft dry Of March 2022 t-)-,h: =u i ,:,=t?i,v,i .,.,j,s ,n=

6|-L3S+:i" +r ,(f+ ``|,I, ~>, , `, rt,:±=-£-i.=LJi-j Pet]t!oner Respondent ®

E=

Akhil K.Madhav Shaji Thomas

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