Martin vs Joji
2023 Latest Caselaw 3656 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                     MACA NO. 1102 OF 2022
 AGAINST THE ORDER/JUDGMENT OPMV 245/2019 OF MOTOR ACCIDENT
                 CLAIMS TRIBUNAL, MUVATTUPUZHA
OPMV 245/2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA
APPELLANT/PETITIONER:
         MARTIN
         AGED 48 YEARS, PUTHENPURAKKAL HOUSE,
         INCHIYANI, ANCHIRI.P.O, ALAKODE,
         THODUPUZHA, IDUKKI DISTRICT, PIN - 685585
         BY ADVS.
         SOORAJ T.ELENJICKAL
         ASWIN KUMAR M J
         RENOY VINCENT
         ARUN ROY
         SHAHIR SHOWKATH ALI

RESPONDENT/RESPONDENT:
    1     JOJI
          AGED 41 YEARS, PALLIPARAMBIL HOUSE,
          ANCHIRI.P.O, INCHIYANI, THODUPUZHA,
          IDUKKI DISTRICT, PIN - 685585
    2     JOJO
          AGED 38 YEARS, PALLIPARAMBIL HOUSE,
          ANCHIRI.P.O, INCHIYANI, THODUPUZHA,
          IDUKKI DISTRICT, PIN - 685585
    3     LIBERTY GENERAL INSURANCE COMPANY LIMITED
          DOOR NO.39/4166-A, 2ND FLOOR,
          SHEMA BUILDING, M.G. ROAD, RAVIPURAM,
          KOCHI, ERNAKULAM, PIN - 682016
          REPRESENTED BY ITS GENERAL MANAGER
    4     VICTOR GEORGE
          AGED 38 YEARS, MUNDAKKAL HOUSE, KALLOORKADU.P.O,
          MUVATTUPUZHA, ERNAKULAM, PIN - 686686
          BY ADV P.JACOB MATHEW
     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 M.A.C.A.No.1102 of 2022

                             :2:




                  DEVAN RAMACHANDRAN, J.
               =========================
                    M.A.C.A.No. 1102 of 2022
              ==========================
              Dated this the 29th day of March, 2023


                           JUDGMENT

When this matter was called today, Sri.P.Jacob Mathew -

learned Standing Counsel appearing for the Liberty General

Insurance Company Limited ('Insurance Company', for short),

submitted that the claim of the appellant has been settled by his

client for a further figure of Rs.1,75,000/-, inclusive of interest

and costs.

3. Sri.Sooraj Thomas - learned counsel for the appellant,

affirmed the afore; and added that the Insurance Company has

agreed to deposit the afore amount within a period two months

from today, which is not disputed by Sri.P.Jacob Mathew either.

In the afore circumstances, I allow this appeal in terms of

the settlement between the parties; with a direction to the

Insurance Company to deposit an amount of Rs.1,75,000/-,

inclusive of interest and costs, before the Tribunal, within a

period of two months from the date of receipt of a copy this

judgment.

M.A.C.A.No.1102 of 2022

Needless to say, if the afore deposit is not made as above,

then said amount will carry interest at the rate of 8% per

annum, as granted by the Tribunal, from the date of this

judgment until it is actually realized.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm