Appeal against Motor Accident Claims Tribunal award where settlement of Rs.4.50 lakhs in addition to awarded compensation was accepted during hearing. Court approved the impugned award with modification.
Modified impugned award to grant additional compensation of Rs.4.50 lakhs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941
MACA.No.696 of 2019
AGAINST THE AWARD IN OPMV 289/2016 of ADDITIONAL DISTRICT COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR
APPELLANTS/PETITIONERS:
1 MOHANAN.V.K, AGED 62 YEARS S/O.KUNJU, VAYALIL HOUSE, KOKKAPPILLY, THGIRUVANIYOOR, KUNNATHUNADU TALUK.
2 LATHA, AGED 1 YEARS W/O.MOHANAN.V.K.VAYALIL HOUSE, KOKKAPPILLY, THGIRUVANIYOOR, KUNNATHUNADU TALUK.
3 MONISHA
AGED 1 YEARS D/O.MOHANAN.V.K.VAYALIL HOUSE, KOKKAPPILLY, THGIRUVANIYOOR, KUNNATHUNADU TALUK.
BY ADV. SRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
NEW INDIA ASSURANCE COMPANY LTD,S 1ST FLOOR, SIVAM TOWER, SOUTH NALUVAZHY, N.PARAVUR-683513.
BY ADVS. SRI.VIJU THOMAS SMT.M.MEENA JOHN
MACA.No.696 of 2019
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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA.No.696 of 2019
JUDGMENT
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.25,00,000/-, the Tribunal has granted a sum of Rs.13,27,200/-. The claimant is aggrieved by the quantum of compensation granted by the Tribunal.
2. When the matter was taken up on 14.06.2019, 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.2,85,600/towards compensation for loss of dependency, Rs.80,000/- towards compensation for love and affection (parents), Rs.5,000/- towards compensation for pain and sufferings, 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.41,692/-, towards interest for the
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MACA.No.696 of 2019
additional compensation offered. The total compensation with interest would, thus, come to Rs.4,12,292/The learned counsel for the insurer has offered in the place of Rs.4,12,292/-, a sum of Rs.4,50,000/-. 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.
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.
4. In the circumstances, the impugned award is modified, granting to the claimant a sum of Rs.4,50,000/- (Rupees four lakhs fifty thousand only) by way of additional compensation.
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MACA.No.696 of 2019
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 the rate of 12% from the date of the judgment. Other directions contained in the award passed by the Tribunal will stand.
Sd/- P.B.SURESH KUMAR, JUDGE
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1 provisions across 1 enactments
Mohanian V.K, Latha, Monisha
New India Assurance Company Ltd
P.B.Suresh Kumar
As recorded by the court registry
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