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Kerala High Court

Sachin Varghese vs United India Insurance Company on 18 September, 2023

Author: P. Somarajan

Bench: P. Somarajan

IN THE HIGH COURT OF KERALA AT ERNAKULAN
PRESENT
THE HONOURABLE MR. JUSTICE P. SOMARAJAN
MONDAY, THE 287 pay OF SEPTEMBER seaee 277TH BHADRA, 1945
MACS NO. 1880 OF ges3

AGAINST THE AWARD DATED 26.98.2684 18 OPMY Sav/2018 OF THE moToR
ACCIDENT CLAIMS TRIBUNAL , KOTTAYAM

APPELLANT /PETTTIONER:
SACHIN VARGHESE, AGED 23 YEARS, $/0 GEEVARGHESE,
CHIRAYIL PADITTATHIL, SACHIN BHAVANAM, AYAPARAMBU,
CHERUTHANA, ALAPPUZHA, PIN - ggasi7

BY ADYVS,
P.M. JOSHT
Sidt K. PAUL
BONNY BABY
SINEESH KM,

TRE 1 DIVESTONAL MANAGER, THE UNITED INDIA INSURANCE
COMPANY LTD, FLOOR NO.2, HILLSON HETORTS,
SH 2 KOTTAYAM, KERALA-686 604.

BY ABVS.
SRI. .R. MANQIKUMAR, SC, UNITED INDTA INSURANCE
DEEPA SEORGE

THES MOTOR ACCIDENT CLAIMS APPEAL HAVING CONE UP KoR ADMISSION
ON 18.99.2023, THE COURT ON THE SAME DAY DELIVERED TNE FOLLOWING :


MACA Np 1550 of 2999 2
JUDGMENT

The matter has been settled. A joint statement signed by both partdes and the respective counsel is produced. Hence, the agpeal will stand disposed of in terms of the JOint statement arrived at by the parties and it will form art of the Judgment of this Court, The award passed by the Tribunal will stand modified accarding Ly. Sd /-

P . SOMARA JAN URGE MA BEFORE THE HON BLE HIGH COURT OF KERALA, AT ERNARKLILAM. ST MACA NO} 650 OF 2022 SACHIN VARGHESE Leos Appellant.

THE UNPEED INDIA INSURANCE Co. Ltd a Respondant . JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL PME JOSHI COUNSEL POR APPELLANT i BEPORE THE HON BLE HIGH COURT OF KERALA, AT ERNAKULAM, MACA NO, 1650 OF 2022 SACHIN VARGHESE vere Appellant, Vs, THE UNTTED INDIA ESNSURANCE Ce Ltd veans Respondent . JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL The above is an appeal against the award dated 26-08-2021 in OP(MV} No, 3387/2018 of the Motor Accidents (aims Tribunal, Kottayam. The enginal claim is one under Section 166 of the Motor Vehicles Act [988 for myurtes suffered by the appellant clanmant. The learned Tribunal after findme negligence on the insared vehicle awarded a compensation of Rs.2,65,000/-. The respondent imeurer was made liable to pay the same with interest af 7. So and proportionate cast. Dissatisfied with the quantum the clarmant is in appeal. The appelantclaimant and the respondent The United India Insurance Company Lid. had discussed the matter during the settlement posting and the appellant has agreed to receive Ks.70,000/- (Rupees Seventy thousand only), (which is inclusive of interest component}, m addition to the compensation already awarded by the Tribunal as full and final settlement of all claims in the appeal, The respondent insurer has agreed to deposit the above amount im the account of the appellant.

The appellant shall furnish the bank account particulars of the appellant within one month from the date of judgment. The respondent insurer shall deposit the amount within ene month from the date of receipt of the account particulars. In case the insurer fail to deposi the amount after receipt af the account particulars ag stipulated above the amount shall carry interest at 7" after the date of defauh, y Dated this the 16° day of August . 2023 at Ernakulam.

core $ Soenoaas spaaneonee: sss Counsel for the Appetit "f~ ec cese