Joseph T.V vs Akhil M
2022 Latest Caselaw 4055 Ker

Citation : 2022 Latest Caselaw 4055 Ker
Judgement Date : 7 April, 2022

Kerala High Court

Joseph T.V vs Akhil M on 7 April, 2022

MACA NO.      718 0F 2015




                IN THE HIGH COURT OF RERAIA AT ERNAK(JILAM

                                             PRESENT

                     THE HONOURABIE MR.JUSTICE C.S.DIAS

      THURSDAY,      THE 7TH DAY OF APRIL 2022 /                    17TH CHAITHRA,         1944

                                   MACA NO.       718 0F 2015

AGAINST THE AWARD IN 0P(MV)                      1362/20110F MOTOR ACCIDENT CLAIMS

                                    TRIBUNAL,ERNAKUIAM

APPELIANT/PETITIONER:

              JOSEPH T.V.
              S/O. VARKEY, THEKKEPATTATHEL HOUSE,                       KURAVILANGADU
              POST, MONIPPALLY VILliAGE, KOTTAYAM


              BY ADVS.
              SRI.MATHEW           JOIN    (K)
              SRI.DOMSON           J.VATTAKUZHY




RE SPONDENTS /RE SPONDENTS :

              AKHIL M.
              S/O.   MONY      T.K.       THEKKEMTHOTTIYIL          HOUSE,     NEZHOOR         POST,
              PALA- 6 8 6 5 7 5


              JOJO JOSEPH.          MARANGOLIL HOUSE
              KEEZHOOR       POST         KEEZHOOR    P.O KOTTAYAM           686605.


              THE    CHOLAMANDALAM MS               GENERAL    INSURANCE        CO.LTD
              CHITTOOR ROAD,               COCHIN    682011


              BY ADVS.
              SRI . P . JACOB MATHEW
              SRI.MATHEWS JACOB SR.
              SMT.PREETHY R. NAIR


       THIS   MOTOR       ACCIDENT          CLAIMS    APPEAL        HAVING      COME      UP     FOR

ADMISSION     ON     07.04.2022,     THE     COURT     ON     THE    SAME       DAY      DELIVERED

THE   FOLLOWING:
 MACA NO.    718 0F 2015

                                    2

                              C.S DIASJ.

                          MACA No.718 of 2015

              Dated this the 7th day of April, 2022.
                             TUDGMENT

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

1362#011 on the ffle of the                Motor Accident Claims

Tribunal,        Emakulam,          seeking         enhancement      of

compensation.

    2.      On the suggestion made             by this Court, the

appellants 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 aITived at an amicable

settlement as per the terms and conditions in the joint

memo dated 10.3.2022, signed by the parties and

countersigned by their respective Counsel.

4. I have perused the joint memo dated 10.3.2022

and found that the compensation amount agreed between MAicA NO. 718 0F 2015

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 dated 10.3.2022,

which shall form part of the judgment.

This Court places on record its appreciation for both

the appellants as well aLs the respondent/ insurer in

harmoniously settling the dispute and putting an end to the

litigation, and also for saving the precious judicial time.

rna/7.4.2022 Sd/- C.S.DIAS, JUDGE Ei,LH E.CA NO : CA-2022.003646

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Of Year 2022

MACA No.718/2015

n JOSEPH T.V. Q h:!~' ''^ .App|Jant/petitioner

AKHIL M.

.a .R6sponden Respondent

joINT MEMO FILED BY THE APPELLANT AND

1 3rd RESPONDENT IN THE ABOVF CASE

copy served to respondents

Sd/-

E-VERIFIED

DOMSONJ.VATTAKUZHY

FS0 VERIFIED-38 EifeE BEFORETHEHONOURABLEHIGHCOURTOFKERALAATERNAKULAM

Of Year 2022

MACA No.718/2015

JOSEPH T.V, Petitioner

V/S

Zii AKH,L M.

Respondent

X.,-` SL Contents 1 r A \xp` .L( .\`\` f `(., ,

1 Joint Memo :Joint memo filed Page Nos d3rqr\espondent 1-2

Sd/-

E-VERIFIED

FSO VERIFIED-38 Join. Mano 1I2 MACA No.718/2015 (CA-2022003646 ) `

[NTHEi||GIICOuRTOFJL'D]CAl`UREOF|{ERALAATERNAKULAM MACA NO. `J18/2015

Appel la nt/petiti oner Joseph T.V

Respondent/Respondent The Cholamandalam MS

DOMSON J.VAITAKUZY(K/2647/99) (D-284) AD\/OCAl-E CHAMBER NO.930, EE KHCAA GOLDEN JUBILEE CHAMBER COMPLEX NEAR HIGH COURT OF KERALA CoUNSEL FOR THE AppELLANT/PETmoNER

FSO VERIFIED - 38 IN THE HIGH COURT OF JUDICATURE OF KERALA AT ERNAKULAM MACA No. 718/2015

APPELLANT Joseph T.V, S/o. Varkey, Thekkepattathil house, Kuruvilangad P.O, Monippally village, Kottayam

3rd RESPONDENT

The Cholamandalam MS, General Insurance Co. Ltd, Chittoor Road, Cochin -11.

rl JOINT MEMO FILED By THE AppELLANT AND "E REsroNDENT IN iiiE ABOVE CASE.

The above appeal is filed against the award in O.P (MV) No. 1362/2011

on the file of the Motor Accidents claims Tribunal Ernakulam seeking

enhancement of compensation. The court below passed an award for an amount of Rs. 5,01,500/-with 8% interest and cost.

The matter involved in the appeal has been settled between the parties, The 3rd respondent/insurer of the oifending vehicle agreed to pay a further

sum of Rs. 3,75,000/- within 2 months from the date of receipt of the

r judgment. Failing which the said amc;unt will carry 80/o interest.

The respondent agreed to pay the further amount of Rs. 3,75,000/- the appellant within two months from the date of receipt of the judgment failing