Kerala High Court
Jayakuttan vs Usha on 1 August, 2024
TN PRR HIGH CQURT OF KERALA AT ERNMARULAM
PRESENT
TRE RONQURARLE MRS. GUSTICE SORRY THOMAS
eHURSDAY. THE i" nay of AuGUST g0g4 / LOTH SBAVANA, 1946
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dit)
MACA NO, 3240 OF 202
AGAINST THE AWARD DATNO 24.12 2019 IN OF GV) NO. S577 OF SQ12
OP MOTOR ACCIDENT CLAIMS YRIBUNAL, TARISSUR
APPELLANT / PETITIONER.
JAVARUPTAN ,
AGED 31 YEARS,
S/O CRAMY, MONDOORTHOQURUNNT, PAMRADT, P.O THTRUVITWANALA |
THRISSUR DISTRICT,
BY AQY BF VY. OSARDRSA MORAN
RESPONDENTS / RESPONDENTS :
4 USHA,
W/O. RAMACRANDRAN, THONDAYID HOUSE, PAMBADY P.O. ,
FRRTSSUR DISTRICT ~ 880 5287.
be
GANGAUHARAN ,
S/O. SRISHNAN, IRUPBATHODT HOUSE, PAMBADY P.O.,
THIRUVILWAMALA, THRISSUR ~ 880 Say.
tak
SANTA ,
hYO KRISHNAN, INUPSATHODI HOUSE, FAMBADY BO. ,
THIRUVILWAMALA, THRISSUR - §§0 58".
MACA B2d0/ S020 2
§ THS NEW TNDIA ASSURANCE CoO.LTR.
REPRESENTSO BY IVS BRANCH MANAGER,
BRANCH OREIEE 2ND FLOOR,
BERINCHERY BOUTLDING, ROUND NORTH.
0. TRISSUR, PIN ~ 889 OO).
SY
SEI. GEOR 38 CHERTAN (Sh. }
SEY. LAL KR. JQOSESH
&éP EK. & SANTHT
SHY. LATHA SUSAN CRERTAN
SRE .ALESY AUGUSTINE
SRI. GEORGE A. CMERTAN
THIS MOTOR ACCIDENT CAINS APPRAL HAVING BERN FINSLIAY
Xo §, TRE COURT ON TRE SAME DAY OSLIVERED THE
SEEN E YE ONE RT.
POLLING:
MACS S240 /2020 3
IUDRDGMENT
This appeal is at the instance of the clahmant in
OPCMVING. 2577 of 2OL1 an the Ale of the Motor Accidents
Claims Tribunal, Thrissur.
2. Pending appeal, the anpellant and the 4th respondent/
Insurer arrived at a settiement and they Flea @ join' memo
dated ii?.20234, agreeing that the insurer shall pay
Rs.5,00,000/~ (Rupees Five Lakh only}, in full and final
settlement of the claim made by the appellant. The joint
memo is on board, and that js recorded,
3. The 4th respandent/Insurer shall deposit Rs.5,00,000/-
fRupees Five Lakh only} in the Bank Account of the appellant
within ome month fram today, and in default, that amount will
earry interest @ 98 per annum from the date of default. The
appellant shall furnish Ais Bank Account details along with
detatis of his PAN card, to the 4th respondent within one week
fram today.
in the result, the appeal stands allowed in terms of the
shall form part of the
joint memo and the joint meme
SOPNY THOMAS
JUDGE
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNARULAM
VLA.CVA. Na. 3240 of 2020
(From the Aw ard in O. PL OM.Y.) No. 2577 of 2011 of M.A. CAT. Thrissur)
Jayakuttan . Appellant Petitioner
Usha and others > Respondents/Respondents
a JOINT SETTLEMENT MEMO FILED BY THE APPELLANT AND THE
4" RESPONDENT, THE NEW INDIA ASSURANCE COMPANY
LIMITED
rhe appellant was the claimant ay POM VO No. 2577 of S071 betore
che MACT, Thrissur, which was filed claiming sompensiuion * for the injurics
sustained by him in a moter accident. Though he claimed Rs.9,01 500%, the
Ei ses
=
We
Hon'ble Tribunal granted anty Rs, 2.99240) under a ithe heads. Challeng
the quantum, the above appeal is filed
Bed :
_ While the appeal was pending, 1 Was sent for mediation and after adetailed
discussion, the 4° respondent Insurance Company offered to pay Rs. $,00.000-
Raovewe Ddywe Tabhs)} xt cee yee nia aoe Re AE WHITS
(Rupees Five Lakhs), inclusive of interest ancl costs, ower and above the Qmounls
already awarded, ag (ui! and Final setvement of the appeal and offered to deposit
the sare within one month of the passing of the judament in this appeul and in
case of default, to pay the above amount with 9% interest per annum for the
delayed period. The appellant accepted the offer and agreed fo settle ihe appeal
an the above terms and conditions.
Thereio
ed that this Hon'ble Court be pleased fo dispase
af the above appeal by directing the 4°
pondent to pay an additional amount
90,000 (Rupees Five Lakhs} inclusive of intere pend costs as full and
final settlement of all clan
af and further, direct the 4 respondent
to depasit this amount within une month of the judgment disposing of the appeal
ase of default, io deposit the above amount with Oe af interest per annum
for the de
ved period.
a
Dated this the Lith day of July, 2026
\
er
Jayakullan The Mew India Assurance
Counsel for the appelk
