The High Court allowed a motor accident claims appeal based on a joint settlement memo filed by the parties during pendency, awarding an additional compensation of 2,00,000 with interest if not paid within 90 days.
The appeal is allowed on the basis of the terms in the joint settlement memo.
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
MONDAY, THE 27TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945
MACA NO. 2788 OF 2020
AGAINST THE AWARD DATED 14.08.2020 IN OP(MV)NO.511/2018 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA
APPELLANT/PETITIONER/CLAIMANT
NIKHIL FRANCIS,
S/O.FRANCIS, RESIDING AT PAYYAMPALLIL HOUSE,
SUVARNAGIRI BHAGOM, VELLAYAMKUDY P.O.,
KATTAPPANA VILLAGE, IDUKKI DISTRICT,
PIN-685 515.
BY ADVS.SRI.CYRIAC KURIAN
SRI.SUJITH MATHEW JOSE
RESPONDENT/3RD RESPONDENT IN OP(MV)
THE NEW INDIA ASSURANCE CO. LTD.
REPRESENTED BY ITS MANAGER, 1ST FLOOR,
MUNICIPAL SHOPPING COMPLEX BUILDING, MAIN ROAD,
PALA, PIN-686 575.
BY ADV SRI.VPK.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA No.2788 of 2020
-:2:-
JUDGMENT
Dated this the 27th day of November, 2023
This appeal is directed against an award passed by Motor Accidents Claims Tribunal, Pala (for short ‘the Tribunal’) on 14.08.2020 in O.P(M.V) No.511/2018.
MACA No.2788 of 2020
-:3:-
would be passed, failing which the additional compensation amount will carry interest at the rate of 8% per annum from the date of default.
The joint memo of settlement shall also form part of this judgment.
Sd/-
MARY JOSEPH JUDGE
MJL
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERINAKULAM
M.A.C.A. No. 2:788 of 2020
Nikhil Francis „ Appellant
Vs,
New India Assurance co. Ittd.:: Respondents
-OINT MEMO OF sE;..r±I,EMENT FILED By THE APPELLANT AND THE RESPONDENT IN THE ABOJZEj24SE
We, the appellant and the respondent insurance company mutually agreed to sett.Ie the claim for Rs. 2,00,000/- (Rupees Two Lakh only) in full and final settlt3ment of the claim. There is no coercion or undue influence. The respondent shall pay the compensation to the appellant w:thin a period o± 90 clays from the date of receipt of copy of this ord:r failing which the above €Inoum shall carry interest at the rate o[ 8% per annu]n from the date ol` default onwards.
It is humbly prayed that t.ills Honble Court may be pieasec-1 to dispose the appeal recording tl Le above c.ompromise.
r`
0
Datedthisthel4thdayofN°VCBb#a?°€3tiinwhS.fa.
TheNewlndiaASsu#=For and on Behalf of :-
EEiiEE
Diilycusou.Atrty N::`;v.r India Assurance Co. Ltd.
Nikhil Francis Appellant
Respondent
Coiinsel for the i:Lp`-eiaGn: ul3dv. Ci 9j;a kLr tc^ut
Counsel foi. Respondent.
1 issue framed by the court
Whether a motor accident claims appeal should be dismissed or allowed on the basis of a compromise arrived at during pendency.
Nikhil Francis
The New India Assurance Co. Ltd.
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court