Jacob Alexander vs I
2021 Latest Caselaw 8062 Ker

TUESDAY ,

 

IN THE BIGR COURT OF KERALA AT BRNARVLAN

SRESENT
THE BQNOURBBLE MB. TUSTICE C.8. D7 AS
THE QSTHE PAY OF MARCH 2021 (§ ISTR PRALGUNA, 1942

MACA..No S88 OF 2029 (8)

AGAINST THR AWARD IN OF (MY) 4332/2014 GATED 08-01-2018 OF
ADDITIONAL MOTOR ACCIDENT CLAIMS SRIBUNAL, MAVELIRRARA

APPELELANT / PETITIONER :

JACOB ALEXANDER ,

AGES 58 YEARS,

S/O TYPE, CHRIST BHAVAN, CHERAVALLY MUBT, RS YAMRULAM
VILLAGE, ALAPPUSHA DISTRICT.

BY ADVS.

SRI .M.V. TRAMBAN
SRI. R REIT

SMT. TRARA THAMBAN
SRI.SB.BSPEIN

SRI. ARUN HOSE

RESDONDENTS (RESPONDENTS 1 TO 3:

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BAMASWAMY S/O. CRETRAMBRAN, 4/105, ARAL VATNMOSRY, THOVALT, CHRENNAT<-629 301. (DELETED)

YVEEMA MATER, OSLO. SIVANKUTTY NATE. FOSsECLas sed), ATHAM 2, BATTON, TRIVANDRON-695 O01. (DELETED)

RESPONDENTS 3 & 2 DELETED

RESPONDENTS NO.T AND 2 ARE DELETED PRON PARTY ARRAY AT YSE RISK OF APPELLANT BY ORDER DATED 13.8.18 IN L.A.MO.2/2019 IN MACA Bad /2015

TRE BRARATRI ASA GRNERAL INSURANCE CG, LED., STR FLOOR, MODAS, CENTRE BOINT.

PALLIMURRG , MUG .ROAD, DOCHIN-SBS O28.

RS BY ADV. SRILR.AJITR KUMAR (128/84}

PRIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY BEARD ON O98. 03 2021, THE COURT ON TRE SAME DAY DELIVERED THES FOLLOWING:

MAGA.No.884 OF 2019 {8}

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UDGMENT

itis submitted by the learned counsel appearing for the appellant and the learned counsel appearing for the 3" respondent that the subject matter in dispute in the appeal has been seliied between the parties as per the Joint memo of settiement dated §.2.2021 executed by the petitioner and the third respandent and the respective counsels.

@ perused the joint memo of settlement and found fo the same ta be in accordance with law.

3. In the said circumstances, the anpeal is allowed as per the jaint memo of settisment dated B.2.2021, which shall form part of the judament.

Sd/

C.S.DIAS, JUDGE

pm

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

M.A. C. A No. 884 of 2019 Jacob Alexander Appellant / Petitioner Vs.

Ramaswamy & others : Respondents! Respondents

JOINT MEMO OF SETTEMENT AND PRAYER FOR PASSING JUDGMENT IN TERMS OF THE SETTLEMENT

The above Appeal is filed by the appellant for enhancement of the quantun of compensation awarded. The matter has been discussed between the appellant and the 3° respondent and it has been agreed io settle the case on the following terms and conditions,

The appellant above named and the 3°° respondent have willingly arrived at a compromise to settle the claim in full and final settlement for Re 2.00. 000/- iRs. Tw wa Lakhs Oniy) inclusive of the cast & interest.

The Appellant has agreed to relinquish the entire further claim in the claim petition and the appeal.

No threat, coercion or undue influence is applied. There is no mistake in arrivin at the settlement either, We humbly request this H'ble Court fo record this joint statement and to pass a Judgment in terms thereof.

We further stale that the above named 3° Respondent has agreed to deposit cheque/cheques in the MACT or fund transfer fo the account of the petitioners an amount of Rs.2,00,000/- (Rs. Two Lakhs Only) as directed by this H'ble Court within 30 days of the receipt of the Judgment of this H'ble Court.

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Dated this the ¢° day of February, 2021.

Aprel iantiBotis roner Bharti i Axa General Insuranc me Cab Jacob Alexander 3" Respondent

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es: : a - "Aivnaa, MLV. Tramban : mar Varna Advocate for the Appellant Advocate for the 3° Respondent