Allowed

Raji, v. New India Assurance Company Ltd.

Kerala HC18 Jun 2019MACA/890/2019

Case brief

AI extract

What is this about?

In an appeal by claimants against the quantum of compensation, the parties reached a settlement for an additional Rs.7,45,000. This Court approved the settlement and modified the impugned award to grant the additional amount payable by the insurer within 60 days.

What did the court decide?

Modified the impugned award to grant an additional compensation of Rs.7,45,000/- via settlement.

Raji, Vs New India Assurance Company Ltd. — Consumer Protection | 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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TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941

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MACA.No.890 of 2019

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AGAINST THE AWARD IN OPMV 669/2016 of MOTOR ACCIDENT CLAIMS TRIBUNAL ,PERUMBAVOOR DATED 06-09-2018

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APPELLANT/S:

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1 RAJI, AGED 29 YEARS W/O.LATE AJEESH MOHANAN, THONDUMKUDY HOUSE, PANIYELI P.O,PERUMBAVOOR.

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2 ANUSHKA AJEESH, D/O.LATE AJEESH MOHANAN, THONDUMKUDY HOUSE, PANIYELI P.O,PERUMBAVOOR. AGED 6 YEARS, MINOR.

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3 ADWAIDH AJEESH, S/O.LATE AJEESH MOHANAN, THONDUMKUDY HOUSE, PANIYELI P.O,PERUMBAVOOR.AGED 4 YEARS, MINOR, APPELLANTS 2 AND 3 REPRESENTED BY NATURAL GUARDIAN MOTHER 1 ST APPELLANT.

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4 MOHANAN, S/O. KELA, THONDUMKUDY HOUSE, PANIYELI P.O,PERUMBAVOOR.

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5 ALLY, W/O. MOAHANAN, THONDUMKUDY HOUSE, PANIYELI P.O, PERUMBAVOOR.

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BY ADV. SRI.A.N.SANTHOSH

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RESPONDENT/S:

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NEW INDIA ASSURANCE COMPANY LTD., MICRO OFFICE, CARMEL CENTRE, GH ROAD, MUNNAR685612.

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BY ADV. SRI.M.RAJAGOPALAN

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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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..2..

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MACA.No.890 of 2019

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JUDGMENT

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This is an appeal preferred by the claimants 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.19,07,500/-. The claimants are aggrieved by the quantum of compensation granted by the Tribunal.

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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 claimants Rs.6,55,200/- towards compensation for loss of dependency, in addition to the compensation already granted by the Tribunal. The learned counsel for the insurer has also offered to the claimants a consolidated sum of Rs.88,452/-, towards interest for the additional compensation offered. The total compensation with interest would, thus, come to Rs.7,43,652/-. The learned counsel for the insurer has offered in the place of Rs.7,43,652/-, a sum of

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..3..

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MACA.No.890 of 2019

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Rs.7,45,000/-. The learned counsel for the claimants, after obtaining instruction from the parties, 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 claimants represent the just additional compensation to be granted to the claimants. 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 claimants a sum of Rs.7,45,000/- (Rupees seven lakhs forty five thousand only) 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.890 of 2019

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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

Raji, v. New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Raji, v. New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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