Allowed

A.Culus v. G.Raveendran

Kerala HC17 Jun 2019MACA/503/2012

Case brief

AI extract

What is this about?

In a motor accident claim appeal, the High Court modified the Tribunal's award upon the parties reaching an out-of-court settlement. The appellate court approved the insurer's enhanced offer of Rs.2,20,000/- as adequate additional compensation and interest, directing the insurer to deposit the amount within 60 days.

What did the court decide?

The impugned award was modified to grant an additional compensation of Rs.2,20,000/- instead of the previously awarded Rs.2,12,290/-, reflecting the settlement reached; the insurer was directed to dep

A.Culus Vs G.Raveendran — Motor Accident Claims | Kerala HC (2019)

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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.B.SURESH KUMAR

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MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941

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MACA.No.503 of 2012

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AGAINST THE AWARD IN OPMV 817/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL ,NEYYATTINKARA DATED 31-12-2010

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APPELLANT/PETITIONER:

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A.CYLUS

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S/O.ARUMANAYAKOM, CHERIYAPOTTAVILA VEEDU, NALLOORVATTOM DESOM, PLAMOOTTUKADA P.O., KULATHOOR VILLAGE.

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BY ADVS. SRI.L.MOHANAN SMT.LIGEY ANTONY

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RESPONDENT/ RESPONDENT:

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1 G.RAVEENDRAN

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S/O.GOPALAKRISHNAN, PERUMBRAVUVILA VEEDU, MURIYANKARA DESOM, PARASSALA P.O.-695 502.

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2 JAYAKUMAR

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S/O.SREEDHARAN NAIR, THEKKEYTHOTTATHU VEEDU, MURIYANKARA DESOM, PARASSALA P.O.-695 502.

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3 UNITED INDIA INSURANCE CO.LTD. REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVANANTHAPURAM-695 001.

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BY ADV. SMT.R.REMA

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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..2..

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MACA.No.503 of 2012

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JUDGMENT

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This is an appeal preferred by the claimant in a proceedings for compensation before the Motor Accidents Claims Tribunal. As against the claim of Rs.2,50,000, the Tribunal has granted a sum of Rs.2,12,290/-. The claimant is aggrieved by the quantum of compensation granted by the Tribunal.

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2. When the matter was taken up on 13.06.2019, the learned counsel on either side agreed that they would make an endeavour to settle the dispute relating to the quantum of compensation after consulting with their parties. The matter was, accordingly, adjourned for settlement and when the matter has come up today, the learned counsel for the insurer offered to the claimant Rs.6000/- towards compensation for loss of earnings, Rs.5,000/- towards compensation for pain and sufferings, Rs.5000/towards loss of amenities and Rs.1,18,800/- towards compensation for permanent disability, in addition to the compensation already granted by the Tribunal. The learned counsel for the insurer has also offered to the claimant a consolidated sum of Rs.84,924/-, towards interest for the additional compensation offered. The total compensation with interest would, thus, come to Rs.2,19,724/-. The

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..3..

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MACA.No.503 of 2012

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learned counsel for the insurer has offered in the place of Rs.2,19,724/-, a sum of Rs.2,20,000/-. The learned counsel for the claimant, after obtaining instruction from the party, agreed to accept the said amount towards full and final settlement of the claim for enhanced compensation made in the appeal. As required by the Court, a joint statement has also been submitted by the counsel on either side stating that the matter has been settled for a consolidated amount as indicated above.

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3. On an evaluation of the facts and circumstances of the case and the materials on record, I am of the view that the additional compensation as also the interest offered by the insurer, as accepted by the claimant represent the just additional compensation to be granted to the claimant. The joint statement submitted by the counsel on either side will form part of the records in this matter.

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4. In the circumstances, the impugned award is modified, granting to the claimant a sum of Rs.2,20,000/- by way of additional compensation. The insurer shall deposit the additional compensation within 60 days from the date of receipt of a copy of the judgment, failing which the said amount would carry interest at

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MACA.No.503 of 2012

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..4..

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the rate of 12% from the date of the judgment. Other directions contained in the award passed by the Tribunal will stand.

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Sd/- P.B.SURESH KUMAR, JUDGE

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kkj

A.Culus v. G.Raveendran

Case brief

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What did the court decide?

A.Culus v. G.Raveendran

Case brief

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