Allowed

Jelbin Joseph v. the Divisional Managaer

Kerala HC10 Nov 2023MACA/3725/2022

Case brief

AI extract

What is this about?

The High Court allowed this motor accident appeal wherein the parties amicably settled the dispute during pendency. The court directed the respondent to pay an additional sum of Rs. 1,40,000 as full and final settlement.

What did the court decide?

Additional compensation of Rs. 1,40,000 in full and final settlement; respondent to deposit within one month of receipt of bank particulars.

Jelbin Joseph Vs the Divisional Managaer — 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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FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945

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MACA NO. 3725 OF 2022

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AGAINST THE AWARD DATED 21.02.2022 IN O.P(M.V) NO.1558/2018 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM

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APPELLANT/PETITIONER:

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JELBIN JOSEPH
S/O. V.J JOSEPH, VAZHAKKAPARA, KIDANGOOR SOUTH,
KOTTAYAM – 686 583

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BY ADVS.SRI.P.M.JOSHI
 SMT.SIJI K.PAUL
 SRI.BONNY BABY
 SRI.VISHNU PRASAD

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RESPONDENT/3RD RESPONDENT:

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THE DIVISIONAL MANAGAER
NEW INDIA ASSURANCE CO.LTD,
OPPOSITE CO.OP. BANK BUILDING, CENTRAL JUNCTION,
PB NO;83, KOTTAYAM – 686 001
BY ADV SRI.THOMAS MATHEW NELLIMOOTTIL
 SRI.LAL K JOSEPH, SC

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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M.A.C.A.No.3725 of 2022

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JUDGMENT

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Dated this the 10^th day of November, 2023

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The appeal on hand is originated from an award passed by Motor Accidents Claims Tribunal, Kottayam (for short ‘the Tribunal’) on 21.02.2022 in O.P (M.V) No.1558/2018. The appellant is the petitioner before the Tribunal.

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During pendency of the appeal, the parties have amicably settled the matter and a joint settlement memo is filed. It is found from the joint settlement memo that the matter was settled for a sum of Rs.1,40,000/- (Rupees one lakh forty thousand only) (inclusive of interest) and the appellant has agreed to receive the said sum, in addition to the compensation already stood awarded by the Tribunal, in full and final settlement of all claims in the appeal

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M.A.C.A.No.3725 of 2022

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and the respondent has agreed to deposit the above amount in the account of the appellant. The appellant has agreed to furnish his bank account particulars within one month from the date of the judgment to be passed and the respondent has agreed to deposit the amount in the account of the appellant within one month from the date of receipt of the particulars of the account. In case of failure, respondent has also agreed to pay interest at the rate of 7% per annum, from the date of default.

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In the result, appeal is allowed and a judgment is passed for ₹1,40,000/- as additional compensation(inclusive of interest) in full and final settlement of all claims of the appellant. The appellant shall furnish his bank account details to the respondent within one month from the date of this judgment. The respondent shall deposit the amount arrived at as

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M.A.C.A.No.3725 of 2022

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above, within one month from the date on which the particulars of the bank account are furnished by the appellant. In case of default in doing so, the respondent shall pay interest at the rate of 7% per annum from the date of default.

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Joint settlement memo will also form part of this

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judgment.

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Sd/MARY JOSEPH JUDGE

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NAB

Jelbin Joseph v. the Divisional Managaer

Case brief

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Jelbin Joseph v. the Divisional Managaer

Case brief

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