IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 4^TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 MACA NO. 1900 OF 2019 AGAINST THE ORDER/JUDGMENT IN OPMV 54/2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,PUNALUR APPELLANT/S:

RAJEEV, AGED 34 YEARS S/O LATE KRISHNAN KUTTY, RAJEEV BHAVAN, PULIYAM, VALAKOM P.O.KOTTARAKKARA TALUK, KOLLAM DISTRICT BY ADV ANCHAL C.VIJAYAN RESPONDENT/S:

1 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPRUAM PIN-695 023.

2 SUDHEESH K.K.

S/O KUTTAPPAN, KUNNUMPURATHU VEEDU, CUMBUMETTU P.O.KOTTAR, MUNDAKKAYAM, KANJIRAPPALLY, PIN 685 551.

3 THE NEW INDIA ASSURANCE COMPANY LIMTED, DIVISIONAL OFFICE 11, 2ND FLOOR, REMA PLAZA, NEAR AYYAPPAN COIL, S.S.COIL ROAD, THAMPANOOR, THIRUVANANTHAPRUAM PIN-695 014.

BY ADVS.

ALEX ANTONY SEBASTIAN P.A.-R1 SRI.VPK.PANICKER-R3 SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.-R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA No.1900 of 2019 C.S DIAS,J.

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MACA No.1900 of 2019 -----------------------------

Dated this the 4th day of April, 2022.

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 I^ngr.A -

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 sett