Jayesh Mathew vs Joseph John
2022 Latest Caselaw 3176 Ker

MACA NO. 2484 OF 2021
                                  1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
    FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        MACA NO. 2484 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OPMV 946/2018 OF MOTOR ACCIDENT
                    CLAIMS TRIBUNAL ,THODUPUZHA
APPELLANT/S:

            JAYESH MATHEW,
            AGED 32 YEARS
            S/O.MATHEW, KONICKAL HOUSE, KODUVELI P.O., NEYYASSERY
            VILLAGE, THODUPUZHA, IDUKKI DISTRICT, WARD NO.IV/150,
            PINCODE-685 581.

            BY ADVS.
            MATHEWS K.PHILIP
            T.MANASY
            MINISHA K DAS



RESPONDENT/S:

    1       JOSEPH JOHN,S/O.JOHN, MULLASSERIL HOUSE, NEYYASSERY
            P.O., SANGATHIMUKKU BHAGAM, THODUPUZHA, IDUKKI
            DISTRICT-685 581.

    2       MANAGER, TATA AIG GENERAL INSURANCE COMPANY LIMITED,
            MAY FLOWER TOWERS, CASTLE, 1ST FLOOR, NO.72,
            BALASUNDARAM ROAD, COIMBATORE, TAMIL NADU-641 081,
            REPRESENTED BY ITS DIVISIONAL MANAGER.

            BY ADV R.AJITH KUMAR (128/84)




     THIS   MOTOR   ACCIDENT   CLAIMS    APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 18.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 MACA NO. 2484 OF 2021
                             2

                        JUDGMENT

The learned counsel appearing for the appellant and

the learned counsel appearing for the respondents submit

that the subject matter in dispute between the parties in

the appeal has been settled between them as per the joint

statement dated 28.02.2022 executed by the parties and

counter signed by the respective counsel.

2. I have perused the joint memo executed by the

parties and find the same to be in accordance with law.

In the result, the appeal is allowed as per the

conditions in the joint statement dated 28.02.2022, which

shall form part of the judgment.

Sd/-

C.S.DIAS JUDGE

rkc/18.03.22 ' BEFORE TEE HONOURABLE IHGH COURT OF KERALA AT ERNAKULAM

MACA No. 2484 / 2021

Jayesh Mathew Appellant Vs.

Joseph John & another Respondents

J0INTSTATEMENTFREDs_B,5Ei#PELLANTANDTHE

1. The above appeal is filed against the award dated 27.3.2021 in

O.P.(MV) No. 946/2018 of Additional MACT Thodupuzha. The original petition is filed by the appellant claiming compensation in respect of the injuries sustained by her in a motor vehicle accident which occurred on 11.11.2018 involving the Autorikshaw bearing

registration No. KL-38C-2397 insured with the 2nd respondent. The

Tribunal had granted a sum of Rs.3,80,542/- as compensation with interest @ 7.5% p.a. from the date of petition. It is challenging the

quantum of compensation that the above appeal is filed. Since the 2nd respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the 2nd respondent. The services of notice on the lst respondent

were dispensed with at the risk of the appellant by the High Court. Nevertheless, the presence of lst respondent are not needed before

this Honourable court since the €iccident and the policy are admitted. Hence the settlement is arrived at between the appellant and the 2nd respondent.

2. The appellant above named and the 2nd respondent have negotiated , the matter out of court and willingly arrived at a compromise 1£,--: MPANY LTD For TATAAIG GENERAL INSURANCE C

Appellant : Jayesh Mathew 2nd Respondent : TATA AIG General Insurance Compan u(horised Signatory .?

settlementinfullandflnalsettlementofalltheclaimsoftheappellant

against the 2nd respondent ai.ising out of the accident and the original

petition mentioned above. It is agreed that the 2nd respondent shall

pay an additional amount of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) inclusive of call interest and costs to the appellant by way of full and final settlement of all the claims of the appellant against the 2nd respondent.

3. The 2nd respondent hereby agrees to deposit the above amount of

Rs.2,60,000/- (Rupees Two I,akhs Sixty Thousand only) within a

periodof30daysfromthedateofreceiptofthecopyofthejudgment from the Honourable High Court, failing which the said amount will cany 7.5% interest from the date of default.

4. There is no threat, coercion or undue influence in arriving at the

above settlement. There is no inistake in arriving at the settlement

either.

It is therefore prayed that this Honourable Court to I.ecord this joint statement and to pass a judgment in terms thereof. Dated this the 28th day of Febniary, 2022.

•;,i+i`.-..--.-

Appellant : Advocate : Mathews K. Philip Jayesh Mathew Counsel for the appellant

Ou6ivv~WW?~ Advocate: R. Ajithkumar Varma General Insurance Company Counsel for the 2nd respondent

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