Allowed

Jomon Thomas v. Sudeep Das

Kerala HC1 Nov 2023MACA/23/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the appeal on hand solely because the parties to the dispute reached an amicable settlement. The Court enforced the terms of the joint settlement memo for the payment of additional compensation.

What did the court decide?

Appeal allowed. Respondent insurer directed to deposit ₹98,000 as additional compensation inclusive of interest into the appellant's bank account upon furnishing details, with 7% per annum interest on

Jomon Thomas Vs Sudeep Das — Motor Accident Claims | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023/10TH KARTHIKA, 1945

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MACA NO. 23 OF 2023

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AGAINST THE AWARD DATED 23.09.2022 IN OP(MV) NO.153/2019 OF

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MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM

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APPELLANT/PETITIONER:

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JOMON THOMAS,
S/O THOMAS,
AGED 31 YEARS,
NADUVAKUNNEL HOUSE, EDAYIRIKAAPUZHA,
KANGAZHA, KOTTAYAM – 686 541

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BY ADVS. SRI.K.A.HASHIM
 SRI.JABIN MUHAMMED

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RESPONDENTS/RESPONDENTS:

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1SUDEEP DAS, S/O SHIVADAS,
VALIYAPARAMBIL HOUSE, NILAMPODINGA BHAGOM,
NEDUMKANDAM P O, CHANGANASSERY,
KOTTAYAM – 684 562
2NEW INDIA INSURANCE COMPANY LTD
REP. BY ITS DIVISIONAL MANAGER,
DIVISIONAL OFFICE, KOTTAYAM – 686 001
R2 BY ADVS.SRI.V A ABRAHAM
 SRI.SEBASTIAN VARGHESE,
 STANDING COUNSEL

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

MACA No. 23 of 2023

-:2:-

JUDGMENT

Dated this the 1^st day of November, 2023

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This appeal is originated from an award passed by Motor Accidents Claims Tribunal, Kottayam on 23.09.2022 in OP (MV) No.153/2019. While the appeal is pending, an amicable settlement has been reached by the parties to the appeal and a joint settlement memo is also filed signed by both parties and their respective counsel.

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It is stated in the joint statement that in the discussion held on 18.10.2023 the appellant has agreed to receive `98,000/- inclusive of interest, in addition to the compensation already awarded by the Tribunal in full and final settlement of all the claims in the appeal. The respondent insurer has agreed to deposit the above amount in the account of the appellant.

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The appellant has agreed to furnish his bank account particulars within one month from the date of

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MACA No. 23 of 2023

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-:3:-

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passing of the judgement. The respondent insurer has agreed to deposit the amount within one month from the date on which the account particulars are furnished. In case of default, interest at the rate of 7% was also agreed to be paid from the date of default.

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In the result, appeal on hand is allowed. The 2^nd respondent insurer shall deposit `98,000/- arrived at as additional compensation inclusive of interest, in full and final settlement of all claims in the appeal, immediately in the bank account of the appellant, when the particulars of the bank account is furnished by him. In case of any default, the 2^nd respondent shall also pay interest at the rate of 7% per annum from the date of default.

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The joint settlement memo will also form part of this judgment.

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Sd/- MARY JOSEPH

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JUDGE

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MJL

Jomon Thomas v. Sudeep Das

Case brief

What is this about?

What did the court decide?

Jomon Thomas v. Sudeep Das

Case brief

What is this about?

What did the court decide?

What the court decided

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