M.J.Joseph vs Syriac Thomas
2022 Latest Caselaw 3777 Ker

Citation : 2022 Latest Caselaw 3777 Ker
Judgement Date : 5 April, 2022

Kerala High Court

M.J.Joseph vs Syriac Thomas on 5 April, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
         TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          MACA NO. 3039 OF 2014
   AGAINST THE AWARD IN OP(MV) 657/2003 OF      MOTOR ACCIDENT CLAIMS
                           TRIBUNAL,ERNAKULAM
APPELLANT/PETITIONER:

             M.J.JOSEPH
             MALIACKAL HOUSE, XV/284, NORTH OF LORETHO CHURCH,
             MOOLAMKUZHI, KOCHI.

             BY ADVS.
             SRI.PHILIP T.VARGHESE
             SMT.ACHU SUBHA ABRAHAM
             SMT.K.R.MONISHA
             SRI.THOMAS T.VARGHESE


RESPONDENT/RESPONDENTS:

     1       SYRIAC THOMAS
             KALARICKAL HOUSE, ELAPPARA P O, IDUKKI 685501.

     2       DIJO JOSEPH,
             CHERAMKUNNEL HOSUE, EAST OF THANKAMANI, THANKAMANI
             VILLAGE,UDAMBANCHOLA TALUK, IDUKKI DIST, PIN-685554

     3       THE NEW INDIA ASSURANCE
             REP BY ITS MANAGER, BRANCH OFFICE, KANJIRAMATHANAM
             BUILDING, CENTRAL JUNCTION, KATTAPPANA, IDUKKI DIST, PIN-
             685508

             BY ADVS.
             SRI.LAL GEORGE
             SRI.RAJESH THOMAS


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 3039 OF 2014
                                 2

                           C.S DIAS,J.
                       ---------------------------
                    MACA No.3039 of 2014
                      -----------------------------
              Dated this the 5th day of April, 2022.

                           JUDGMENT

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

657/2003 on the file of the Motor Accidents Claims

Tribunal, Ernakulam, seeking enhancement of

compensation.

2. On the suggestion made by this Court, the

appellant and the 3rd 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

memo of settlement dated 14.3.2022, signed by the parties

and countersigned by their respective Counsel. MACA NO. 3039 OF 2014

4. I have perused the joint memo of settlement

dated 14.3.2022 and found that the compensation amount

agreed between 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 memo of settlement dated

14.3.2022, which shall form part of the judgment.

This Court places on record its appreciation for both

the appellants as well as the respondent/ insurer in

harmoniously settling the dispute and putting an end to the

litigation, and also for saving the precious judicial time.

ma/5.4.2022                                 Sd/-

                                    C.S.DIAS, JUDGE
 Filed on: 14.03.2022

BEFORE THE HON'BLE l]IGH CO RT OF KERALA AT ERNAKULAM

IA No. of 2022

MA.CA No. of2014

M.J Joseph Petitioner/Appellant V§.

Syriac Thomas and others Respondents/ Respondentsl to 3

iQ!AIIRE!4QQE£RE±EaaEmEi±BPE]£±±±frARELenANQ:REjiap RE-NI

M/s. PHILIP T.VARGHESE (P.116),

THOMAS T,VARGHESE (. T.110),

ACHU SHUBIiA ABRAHAM [A. 465)

Couns?I forAppellant

!& IALGEORGE(G )

Counsel for the 3rd respondent IA ii2022 iN MACA 3039raoi4

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM IA No Of Year 2022

MACA No 3039 0f Year 2014

M'''JOSEPH Petitioner

V/S

SYRIAC THOMAS Respondents

zrrfTd~ati~kR

SL C ontents Page Nos

Sd/-

                                                                                            E-VERIFIED
                                                                                     PHILIP T.VARGHESE
                                                •   ``.    .
                                                                                            K/576/1991




FSO VERIFIED-15

BEFORE THE I+ON'BLE H IGH COURT 0F KERALA AT ERNAKULAM

IA No. of2022

M.AC,A No. of2014

M.J Joseph Petitioner/Appellant

Syriac Thomas and others Respondents/ Respondentsl to 3

L0IIT MEMO 0F SE'ITLEMEI\lT FILED BY ThE APPELI.ANT AID T)[E 3D RE§PONDENI

The appellant and the 3rd respondent Insurance Comptry have mutually agreed to settle the claim in this appeal with the 3rd I.?spendent agreeing to make payment of an additionalamountofRs.1,39,320/-with5°/pinterestfrom-{`hedateoftheclaimpetition till paymem ]n full and final settlement of`the 'claim. There is no coercion or undue influence in reaching this settlement. The 3rd respondent shall pay the agreed compensation to the appellant within a period of 60 days from the date of receipt of copy of this order, failing which the above amount shall carry interest at the rate of 9%

per annum from the date of default onwards. ,; ,r.+i

It is humbly prayed that this Hon'ble Court maybe pleased to dispose appeal recordingthe above compromise. .. ` ,.,i ,i ~;