Kerala High Court
Thomas V T Alias James vs Mathew Jacob on 27 March, 2024
IN THE HIGEI COURT OF KERAILA AT ERNAKUILAM
PRESENT
THE HCINouRABLE ens. TusTlcE c.s. SUDHA
wEDNESDA¥, THE 27TH DAY oF imRCH 2o24 / 7TH CHAITHRA, 1946
emcA No. 1864 oF 2023
AGAINST THE A)zaRI) DATED 14.02.2023 IN oEN7 No.564 oF 2019
0F MOTOR ACCIDENT CliAIMS TRIBUNAI., KOTTAYAM
AppEI.InNT/PETITIONER:
THchms v I AI.IAs 4AMEs,
AGue 52 ¥Eas,
SON OF THchns, vECHupADIN4ARETHIL HOusE,
SHASTRI ROAD, KOTTAYAM, PIN -686 001.
BY ADVS.
K . A . HasHIM
JABIN MUHZDOED
RESPONDENTS/RESPONDENTS:
mTHEw 4AcOB ,
SON oF dAcoB mTHEw, Kul.jINcaLRA HousE,
NARANANTHODU BHAGAM, THAIAPPAlil.Y , KOLLAMUIA
KOTTAYAM, PIN -686 511.
SIASHI Ktmrm,
SON 0F KRISHNAN NAIR, NARIRTZHIYIII HOUSE,
AITHAIAPADI BEmGEN, THulAppALI,I p.o. , Kol,IAiftrLA
KOTTAYAM, PIN -686 511.
NEW INDIA INSUENCE COMPANY I.IMITED ,
REp. 8¥ ITs DlvlsloNAL ENAGER, DlvlsloraAI.
OFFICE, KOTTAYAM, PIN -686 001.
BAlnKRl SHNAN NAIR ,
PUTHANVEETTIL HOUSE, THIDENADU PO. , PAIA,
KOTTAYAM, PIN -686123.
By ADv sANTHOsHKumR K.c
SC-SRI. ILAI. K JOSEPH
THIS MOTOR ACCIDENT CIAIMS APPEAL HAVING CODG UP FOR
ADMISSION 0N 27.03.2024, THE COURT 0N THE SARI DAY
DELIVERED THE FOIiLOWING :
MACA No.1864 of 2023
C.S.SUDHA, J.
MACA No.1864 of 2023
Dated this the 27th day of March 2024
JUDGMENT
The matter is settled between the parties. Joint statement dated
21/02/2024 filed is taken on record. The appeal is disposed of in terms
of the joint statement. The joint statement shall form part of the
judgment and decree.
Sd/-
C.S.SUDHA
JUDGE
ak
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Thomas V.T Alias James Appellant/petitioner
Mathew Jacob & Others Respondents/Respondents
JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE
MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL
The above appeal is against award in OP MV. No.564/2019 dated.14/02/2023 of
the motor Accident Claims Tribunal, kottayam. The original claims is one U/S 166
of the Motor Vehicles Act for the injuries sustained by the appellant in the motor
vehicle accident occurred on 11/02/2019.
The learned tribunal after finding negligence on the insured vehicle awarded a
compensation of Rs:3,26,852/- with 6.5% interest and proportionate cost from
the 3rd respondent insurance Company. Dissatisfied with the quantum the
claimant is in appeal.
The appellant and the 3rd respondent New India Assurance Company had
discussed the matter on 20/02/2024. The appellant has agreed to receive
Rs.1,40,000/-(rupees one lakh forty thou:;and only)including interest in addition
to the compensation already award by the Tribunal as full and final settlement of
the all claims in the appeal. The respondent insurer has agreed to deposit the
above amount in the account of appellant.
The appellant shall furnish the bank account particulars of the appellant within
one month from the date of the judgment .The respondent shall deposit the
amount within one month from the date of the receipt of the account particulars.
Incase the insurer fail to deposit the amount after receiving the account
particu|arsoftheaccountparticularsass[ipulatedabovetheFaora:duonntBsehai!'of:erry
interest as 90/o after the date of default. THE NEw |NDiAASSURANCE CO. LTD.
Date this 21th day of february 2024 at Ernakulam
Ded%:eoA\\oTney
y 1. thedf ro Responderv+
Counsel for Counsel for the Kesp
