Disposed

United India Insurance Company Limited v. Janadevi

Kerala HC14 Dec 2018MACA/654/2015

Case brief

AI extract

What is this about?

The Kerala High Court disposed of an insurance appeal against a Motor Accident Claims Tribunal award. The court recorded a settlement between the insurer and claimants for Rs.10,69,034/- (reduced from the awarded amount) plus interest, directing the insurer to deposit the sum within 60 days.

What did the court decide?

Compromise recorded; insurer directed to pay Rs.10,69,034/- with 7.5% interest within 60 days; default carries 12% interest.

United India Insurance Company Limited Vs Janadevi — Motor Accident Claims | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.D.RAJAN

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FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940

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M.A.C.A.No. 654 of 2015

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AGAINST THE AWARD IN OPMV 879/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA DATED 30-09-2014

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APPELLANT/3RD RESPONDENT:

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UNITED INDIA INSURANCE COMPANY LIMITED KAYAMKULAM NOW REPRESENTED BY ITS DEPUTY MANAGER REGIONAL OFFICE, 'SHARANYA', HOSPITAL ROAD, KOCHI-11

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BY ADVS.

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SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW

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RESPONDENTS/PETITIONERS:

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1 JANADEVI

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W/O.LATE MOHANAN, VALIYAPARAMBIL HOUSE, UMBERNADU MURI, THEKKEKARA VILLAGE, MAVELIKKARA, PIN. 688 320.

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2 MITHUN MOHAN S/O.LATE MOHANAN, VALIYAPARAMBIL HOUSE, UMBERNADU MURI, THEKKEKARA VILLAGE, MAVELIKKARA, PIN. 688 320.

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3 NITHIN MOHAN

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S/O.LATE MOHANAN, VALIYAPARAMBIL HOUSE, UMBERNADU MURI, THEKKEKARA VILLAGE, MAVELIKKARA, PIN. 688 320.

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4 SAVITHRI VALIYAPARAMBIL HOUSE, UMBERNADU MURI, THEKKEKARA VILLAGE, MAVELIKKARA, PIN. 688 320.

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BY ADVS.

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SRI.A.R.DILEEP SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.No. 654 of 2015

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JUDGMENT

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This appeal is preferred against the award in O.P. (M.V.) No. 879 of 2004 of the Motor Accidents Claims Tribunal, Mavelikkara. Claimants are the dependents of the deceased Mohanan and the learned Tribunal awarded a sum of Rs.13,19,034/- (Rupees Thirteen Lakhs Nineteen Thousand and Thirty Four only) with interest and proportionate cost. Being dissatisfied with that, the insurer preferred this appeal.

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- When the matter came up for hearing, the learned counsel appearing for the appellants submitted that the parties have settled the matter for a total sum of Rs.13,19,034/- (Rupees Thirteen Lakhs Nineteen Thousand and Thirty Four only). They agreed to reduce a sum of Rs.2,50,000/- as per the agreement. Hence the above amount is deducted and insurer is liable to pay Rs.10,69,034/-. In the circumstance, the above compromise is recorded and the case is settled for Rs.10,69,034/- (Ten Lakhs Sixty Nine Thousand and Thirty Four only) with 7.5% interest and proportionate

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M.A.C.A.No. 654 of 2015

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cost. The insurer shall deposit the amount within 60 days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest from the date of default. The terms and conditions of the compromise shall form part of the judgment.

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nak

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P.D.RAJAN,

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Corrected as per the order dated 24.01.2019 in I.A.No.1 of 2019.

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P.D.RAJAN,

United India Insurance Company Limited v. Janadevi

Case brief

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United India Insurance Company Limited v. Janadevi

Case brief

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