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2025 DAILYLAW 6598 (KER)

SHIJUMON P P v. K SATHEESAN

MACA/2270/2017 · 2025-03-28

C Pratheep Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

MACA. No.2270/2017 1 2025:KER:27012 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 MACA NO. 2270 OF 2017 AGAINST THE AWARD DATED 17.06.2016 IN OPMV NO.667 OF 2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY APPELLANT/PETITIONER: SHIJUMON P P S/O.CHANDRAN,AGED 22 YEARS, EMPLOYEE IN MAVELI STORE,KANDAMBETH HOUSE, KUTTYATTOOR AMSOM,PAZHASSI DESOM,P.O, KUTTYATTOOR,KANNUR DISTRICT,PIN-670602. BY ADVS. SRI.GRASHIOUS KURIAKOSE (SR.) SRI.GEORGE MATHEWS SRI.T.T.RAKESH RESPONDENTS/RESPONDENTS: 1 K SATHEESAN S/O KUNHAPPA NAIR,AGED 43 YEARS, PARETH HOUSE,P.O,EACHUR,KANNUR DISTRICT, KERALA STATE.(DRIVER OF THE LORRY NO-13-J-1877). 2 PRIYA.K W/O.SATHEESAN.K,PARETH HOUSE,KUDUKKIMOTTA,MUNDERI,G.P,P.O,EACHUR,KANNUR DISTRICT.(OWNER OF THE PICK UP VAN NO-13-J-1877) MACA. No.2270/2017 2 2025:KER:27012 3 SHRIRAM GENERAL INSURANCE COMPANY LTDE-8RIICO INDUSTRIAL AREA SITAPURA,JAIPUR,RAJASTHAN,PIN- 302022(INSURER). BY ADVS. SRI.P.JACOB MATHEW SRI.MATHEWS JACOB SR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FIANLLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA. No.2270/2017 3 2025:KER:27012 J U D G M E N T Dated this the 28th day of March, 2025 The matter is settled. Joint memo of settlement filed is accepted. Appeal is disposed of as per the terms of the Joint memo of settlement. Joint memo of settlement will form part of the judgment. Sd/- C. PRATHEEP KUMAR, JUDGE sou. \/ BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM M.A.C.ANO. 2270 0F2017 SHIJIMON K SATHEESAN AND OTHERS VS. APPELLANT RESPONDENTS JOINT MEMO 0F SETTLEMENT FILED BY THE APPELLANT AND THE 3rd RESPONDENT IN THE ABOVE CASE We, the Appellant and the 3rd Respoiident Insurance Company mutually agreed to settle the claim for Rs.25,000/- (Rupees Twenty Five Thousand) as additional compensation including interest in addition to the compensation amount awarded by the Tribunal, in full and final settlement of the claim. There is no coercion or undue influence. The 3rd respondent /Insurance Company shall pay the compensation to the Appellant within a period of 90 days from the date of receipt of copy of this order failing which the above amount shall carry interest at the rate 80/o per annum from the date of default onwards. It is humbly prayed that this Honourable Court may be pleased to dispose the appeal recording the above compromise. Dated thisthe day of January, 2024. For Shriram G.n.ul ln.or.no. Co. Id. shijumonp.pcaha Appellant Co VbiJifEL shriram GeneraH nsurance C°REifetgin Third Respondent =E.-.- Counsel for the 3rd Re