Varughese John vs Manager

Type Court Judgment Court Kerala Decided Nov 30, 2023

~4 min read

https://sooperkanoon.com/case/1337078

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1337078
Court: Kerala High Court
Judge: Honourable Mrs. Justice Mary Joseph
Decided On: Nov 30, 2023
Case Number: MACA/472/2023

Parties & Advocates

Appellant / Petitioner

Varughese John

Respondent

Manager

Excerpt

.....per annum from the date of default. -:4:- the joint statement shall also form part of thisjudgment.sd/- mary joseph judge mjl before the hon'ble high court of kerala at ernakulam m.a.c.a. no. 472 of 2023 addellant /petitioner varughese john, aged 63 years, manivallil house, i-e puthussery p.o„ kallooppara village, ® mallapallytaluk, pincode : 689585. respondent / respondent no:2 manager, cho]amandalam m.s. general insurance company ltd., registered and head office, dare house, 2nd floor. 2 nsc bose road, chennai : 600001. joint statement filed by the appellant and the 2nd respondnet insurance company1. the above appeal filed by the appellant for enhancement of compensation in a motor vehicle accident case. the appellant is the claimants in o.p.(mv) 819/2018on the file of mact, pathanamthitta.2. the incident in the above case happened on 26.03.2018 and the appellant sustained serious injury.3.the appellant and the insurance company have negotiated the matter outside the court and arrived into a compromise settlement in full and final settlement of all claims of the appellants. it is agreed that the respondent insurance company shall pay an additional amount of rs.2,40,000/- ( rupees two lakh forty thousand). the said amount of rs.2,40,000/- is including the interest also.4.the respondent insurance company hereby agrees to deposit the above said amount before the tribunal within a period of two months from the date of receipt of copy of the judgment. in case of default of payment within two months as stated above the respondent insurance company is liable tq_ pay the interest @ 9% from the date of default.5. there is no threat or coercion or undue influence arriving in the above settlement.the settlement will form part of the judgment of this hon'ble court dated this the 30th day of october, 2023 vcng#=sto \u'h,lil:€dslgr3:aries of-#pefuur"wlp, counsel for the appellant. counsel for the 2nd respondnet. e

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, MACA NO. 472 OF 2023 AGAINST THE AWARD DATED 27.07.2022 IN OP(MV)NO.819/2018 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA APPELLANT/PETITIONER: VARUGHESE JOHN, AGED 63 YEARS, MANIVALLIL HOUSE, PUTHUSSERY P.O., KALLOOPPARA VILLAGE, MALLAPALLY TALUK., PINCODE - 689585. BY ADV. SRI. STEFFY V.J. RESPONDENT/2ND RESPONDENT: MANAGER, CHOLAMANDALAM M.S. GENERAL INSURANCE COMPANY LTD., REGISTERED AND HEAD OFFICE, DARE HOUSE, 2ND FLOOR, 2 NSC BOSE ROAD, CHENNAI - 600001. BY ADVS.SRI.MATHEWS JACOB (SR.)(M-186) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-

JUDGMENT

Dated this the 30th day of November, 2023 This appeal is originated from an award passed by Motor Accidents Claims Tribunal, Pathanamthitta (for short ‘the Tribunal’) on 27.07.2022 in O.P.(MV)No.819/2018. The appellant is the petitioner before the Tribunal and he seeks for enhancement of compensation.

2. During the pendency of the appeal, the issues

involved in the appeal have been amicably settled among the parties and a joint statement is filed signed by both parties and their respective counsel.

3. In the joint statement filed it was stated that the

appeal was settled for a sum of `2,40,000/- as additional compensation (inclusive of interest), in full and final settlement of all claims raised by the appellant in the appeal. -:3:- The sole respondent has also agreed to deposit the above sum before the Tribunal within a period of two months from the date of receipt of a certified copy of the judgment that would be passed in the appeal on the basis of the joint statement. In case of default, the sole respondent has also agreed to pay interest at the rate of 9% from the date of default.

4. In the result, a judgment is passed on the basis of

the joint statement and the sole respondent is directed to deposit `2,40,000/- (Rupees Two lakhs and forty thousand only) arrived at as additional compensation (inclusive of interest), in full and final settlement of all claims of the appellant, within a period of two months from the date of receipt of a certified copy of this judgment. In case of default, the respondent is also directed to pay interest at the rate of 9% per annum from the date of default. -:4:- The joint statement shall also form part of this

judgment.

Sd/- MARY JOSEPH JUDGE MJL BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM M.A.C.A. No. 472 of 2023 ADDellant /Petitioner Varughese John, Aged 63 years, Manivallil House, I-E Puthussery P.O„ Kallooppara Village, ® MallapallyTaluk, Pincode : 689585. Respondent / Respondent No:2 Manager, Cho]amandalam M.S. General Insurance Company Ltd., Registered and Head Office, Dare House, 2nd Floor. 2 NSC Bose Road, Chennai : 600001. JOINT STATEMENT FILED BY THE APPELLANT AND THE 2nd RESPONDNET INSURANCE COMPANY

1. The above appeal filed by the appellant for enhancement of compensation in a motor vehicle accident case. The appellant is the claimants in O.P.(MV) 819/2018on the file of MACT, Pathanamthitta.

2. The incident in the above case happened on 26.03.2018 and the appellant sustained serious injury.

3.The appellant and the insurance company have negotiated the matter outside the court and arrived into a compromise settlement in full and final settlement of all claims of the appellants. It is agreed that the respondent insurance company shall pay an additional amount of Rs.2,40,000/- ( Rupees Two lakh forty thousand). The said amount of Rs.2,40,000/- is including the interest also.

4.The respondent Insurance company hereby agrees to deposit the above said amount before the Tribunal within a period of two months from the date of receipt of copy of the Judgment. In case of default of payment within two months as stated above the respondent insurance company is liable tQ_ pay the interest @ 9% from the date of default.

5. There is no threat or coercion or undue influence arriving in the above settlement.

The settlement will form part of the Judgment of this Hon'ble Court Dated this the 30th day of October, 2023 vcng#=sto \u'h,lil:€dslgr3:aries of-#pefuur"wlp, COUNSEL FOR THE APPELLANT. COUNSEL FOR THE 2nd RESPONDNET. e

Same Court & Year Kerala · 2023 Same Parties Varughese John vs Manager Same Judge Honourable Mrs. Justice Mary Joseph