Motor Accidents Claims Appeal where the parties amicably settled during pendency. Court allowed appeal based on joint settlement memo awarding additional compensation of ₹1,03,000.
Award of additional compensation of ₹1,03,000 in full and final settlement. Respondent to deposit within one month of bank details with 7% interest on delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
MACA NO. 2604 OF 2021
AGAINST THE AWARD DATED 28.04.2021 IN O.P(M.V) NO.1820/2015 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/PETITIONER:
VIJAYAN @ VIJAYAPPAN
S/O. NARAYANANACHARI, KURIYANNOORKKKUNNU HOUSE,
ALAMPALLI, PAMPADY P.O, KOTTAYAM
BY ADVS.SRI.P.M.JOSHI
SMT.SIJI K.PAUL
RESPONDENT/2ND RESPONDENT:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO., KOTTAYAM 1
BY ADVS.SMT.LATHA SUSAN CHERIAN, SC
SRI.LAL K JOSEPH, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
M.A.C.A.No.2604 of 2021
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JUDGMENT
Dated this the 08th day of November, 2023
The appeal on hand is originated from an award passed by Motor Accidents Claims Tribunal, Kottayam (for short ‘the Tribunal’) on 28.04.2021 in O.P (M.V) No.1820/2015. The appellant is the petitioner before the Tribunal.
M.A.C.A.No.2604 of 2021
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within one month from the date on which particulars of his bank account is furnished by the appellant. The appellant has also agreed to furnish his bank account particulars within one month from the date on which a judgment would be passed in the case. In case of failure, the respondent has also agreed to pay interest at the rate of 7% per annum from the date of default.
M.A.C.A.No.2604 of 2021
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The joint settlement memo also will form part of this
judgment.
Sd/-
MARY JOSEPH
JUDGE NAB
VIJAYAN @ VIJAYAPPAN
THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO.
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court