MACA NO. 230 OF 2019 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 24^TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 MACA NO. 230 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPMV 190/2018 OF ADDITIONAL .DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL ,THODUPUZHA APPELLANT/S:

BINDUMOL V.S. AGED 32 YEARS W/O RAJESH, VADAKKEDATH HOUSE, (CHERIYIL) THALAPPULAM P.O.,PLASSANAL, NOW RESIDING AT VADAKEDATH HOUSE THUDANGANADU KARA, MUTTOM VILLAGE.

BY ADVS.

MATHEWS K.PHILIP SMT.T.MANASY RESPONDENT/S:

1 BABU MATHEW ARIYAPPILLIL HOUSE, KURIANAD P.O., MARANGATTUPALLY - 686 636.KOTTAYAM

2 UNITED IDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, MUVATTUPUZHA. 686 661.ERNAKULAM BY ADV SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA NO. 230 OF 2019

JUDGMENT

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

No.190/2018 of the Motor Accidents Claims Tribunal, Thodupuzha, seeking enhancement of compensation.

2. On the suggestion made by this Court, the appellant and the 2^nd 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 statement dated 11.02.2022, signed by the parties and counter signed by the respective counsel.

4. I have perused the joint statement 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 statement dated 11.02.2022, which shall form part of the judgment. This Court places on record its MACA NO. 230 OF 2019 appreciation for both the appellant as well as the 2^nd respondent – insurer in harmoniously settling the dispute and putting an end to the litigation, and also for saving the precious judicial time.

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C.S.DIAS JUDGE rkc/24.02.22 r`i®J\ch mortc, C®th ?a `ho 3,8, 3' a lchoaQ Presented On HONOURABLE IHGH COURT OF KERALA AT ERNAKELAM MACANo. 230 / 2019 Bindumol V.S. Appellant Vs.

Babu Mathew & another,'' Respondents /

a JOINT STATEMENT FILED BY THE APPHLLANT AND THE /,/

/// 2nd RESPONDENT /

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BEFORE TIH HONOURABLE IHGH COURT OF KERALA AT ERNAKULAM ',1 :..;". EII RACA No. 230 / 2019 iiq=j:£i;::dumolvs Appellant Babu Mathew & another Respondents JOINT STATEMENT FILED BY THH APPELLANT AND THE

2nd RESPONDENT

1. The above appeal is filed against the award dated 28.9.2018 in O.P.(MV) No. 190/2018 of MACT Thodupucha. The original petition is filed by the appellant claiming compensation in respect of the injuries sustained by him in a motor vehicle accident which occurred on 17.11.2016 involving the Car bearing registration No. KL-35-E-3256 insured with the 2nd respondent. The Tribunal had granted a sum of Rs.6,28,810/-as compensation with interest @ 9% p.a. from the date of petition. It is challenging the quantum of compensation that the above appeal is filed. Since the 2nd respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the 2nd respondent. The services of notice on the lst respondent was dispensed with at the risk of the appellant by the High Court. Nevertheless, the presence of 1 st respondent is not needed before this Honourable court since the accident and the policy are admitted. Hence the settlement is arrived at between the appellant and the 2nd respondent.

Appe