JUDGMENT

The appeal is filed by the petitioner in OP(MV) 54/2014 on the file of the Motor Accident Claims Tribunal, Punalur, seeking enhancement of compensation.

2. On the suggestion made by this Court, the appellant and the third respondent agreed to explore the possibility of settling their 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 statement dated 21.3.2022, signed by the parties and countersigned by their respective Counsel.

4. I have perused the joint statement dated 21.3.2022 and found that the compensation amount agreed between MACA No.1900 of 2019 the parties to be just and reasonable, and that the settlement is in accordance with law.

5. In the result, the appeal is allowed as per the terms and conditions in the joint statement dated

21.3.2022, which shall form part of the judgment.

This Court places on record its appreciation for both the appellant as well as the third respondent/insurer in harmoniously settling the dispute and putting an end to the litigation, and also for saving the precious judicial time.

SD/-

Sks/4.4.2022 C.S.DIAS, JUDGE _lil T`

BEFORE THE HON'BLB HIGH COURT OF KERALA, AT ERNAKULAM M.A.C.A. NO. 1900/2019 \-`

Rtieev •.. Appellant Vs.

Managing Director, KSRTC a others ... Respondents JOINTSTATEMENT=rldL¥=%£BEN¥PELENTANDTHE

1.

T#£:?:4a/P2Poe]¥£osffiieed#Aapp:;,thi:i:ri::tee:£:n°±.i:::::%.aps riled by the appellant claiaping compensation in respect of the injuries sustained to the appellant in a motor vehicle accident which occurred on 25.09.2013, due to the rash and negligent driving of the KSRTC super fast bus bearing registration No.KL-15/9794 by the 2nd respondent. The said vehicle was insured with the 3rd respondent. The Tribunal bad granted Rs.4,32,610/- as compensation along with iilterest @ 70/o p.a. from the date of petition.

2. Since the 3rd respondent has admitted the coverage of the insurance policy in respect of the offehding vehicle, the liability to pay the compensation is on the 3rdi respondent. Hence the settlement is arrived at between the appellant and the 3rd respondent in the appeal ADtrellant:

andonBeE£RE:Po`nde`nt-

E NEW INDIA ASSURANCE CO. LTD.

Eta.3eev .?ee4 /s New Ingr.A -

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3. The appellant and the 3rd respondent have negotiated the matter out of court and willingly arrived at a compromise settlement in full and final settlement of all the claims of the appellant against the respondent arising out 9£+the accident and the original petition mentioned above. It is agreed that the 3rd respondent shall pay an additional amount of Rs.4,60,000/- (Rupees four lakhs and sixty thousand only) inclusive of all interest and costs to the appellant by way of full and f:nal settlement of all the claims of the appellant against the respondents.

4. The 3rd respondent hereby agrees to transfer by way of NEFI` the above amount of Rs.4,60,000/- (Rupees 'four lakhs and sixij7``

thousand only) within a period of 30 days from the date of receipt of the copy of the judgment from the Honble High Court, in the bank account of the appellant. The appellant shall provide a true copy of the bank passbook and Aadhaar card to the 3rd respondent within 10 days of receipt of copy of the judgment from the Honble High Court to effect payment. In any event the said amount is not deposited as aforesaid the alnount would carry interest 8% p.a. from the date of default.

5. There is no threai, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at the settlement either'

We humbly request this Honble Court to record this joint statement and to pass a judginent in terms thereof.

Dated on this the 21st day of March, 2022 ADnellant:

Jp Anchal C. Vijayan NEW INDIA ASSURANCE, CO. LTD.

-6.a

ERMJ.(.Uwi

M/s New India Assurance Company Ltd. Counsel for the respondent