Shibu vs Mary
2023 Latest Caselaw 3663 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. 3701 OF 2021
   AGAINST THE ORDER/JUDGMENT OPMV 410/2017 OF ADDITIONAL
 DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA
APPELLANT/PETITIONER:

         SHIBU
         AGED 37 YEARS, S/O.OUSEPH,
         RESIDING AT PULLUMPURATH HOUSE, PALAM BHAGAM,
         MULLARINGADU KARA, VANNAPPURAM VILLAGE,
         KALIYAR, IDUKKI DIST., PIN - 685 607.
         BY ADVS.
         C.DILIP
         R.PRADEEP

RESPONDENTS/RESPONDENTS:

    1     MARY
          W/O.MOHANAN, KUNNUPARAMBIL HOUSE,
          MULLARINGADU KARA, VANNAPURAM VILLAGE, KALIYAR,
          MULLARINGADU P.O., IDUKKI, PIN - 685 607.
    2     DEEPESH K.M.
          S/O.MOHAN, KUNNUPARAMBIL HOUSE, MULLARINGADU KARA,
          VANNAPURAM VILLAGE, KALIYAR, MULLARINGADU P.O.,
          IDUKKI, PIN - 685 607.
    3     M/S. LIBERTY VIDECON GENERAL INSURANCE CO.LTD.
          2ND FLOOR, SHEMA BUILDING, M.G.ROAD, RAVIPURAM,
          ERNAKULAM, PIN - 692 016
          REPRESENTED BY ITS BRANCH MANAGER.
          BY ADV P.JACOB MATHEW - SC.



     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.3701 of 2021

                              :2:




                  DEVAN RAMACHANDRAN, J.
               =========================
                    M.A.C.A.No. 3701 of 2021
              ==========================
              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 Videocon

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.50,000/-, inclusive

of interest and costs.

3. Sri.C.Dilip - 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.50,000/-,

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.3701 of 2021

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

then said amount will carry interest at the rate of 7.5% per

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

judgment until it is actually realized.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm