Dismissed

The United India Insurance Company Ltd. v. Jojo M. Vattakuzhi @ Jomon

Kerala HC7 Sept 2021MACA/1001/2021

Case brief

AI extract

What is this about?

Appellant insurance company sought to withdraw a filed appeal against a Motor Accident Claims Tribunal award (OPMV 1118/2018). The High Court of Kerala allowed the withdrawal and dismissed the appeal as withdrawn, leaving respondents' rights to enhance compensation or withdraw deposits open.

What did the court decide?

Appellant's appeal dismissed as withdrawn. Respondents' rights to move for enhancement of compensation remain open.

The United India Insurance Company Ltd. Vs Jojo M. Vattakuzhi @ Jomon — Insurance | Kerala HC (2021)

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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 C.S.DIAS

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TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943

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MACA NO. 1001 OF 2021

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AGAINST THE ORDER/JUDGMENT IN OPMV 1118/2018 OF MOTOR ACCIDENT CLAIMS

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TRIBUNAL MUVATTUPUZHA, ERNAKULAM

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APPELLANT/S:

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THE UNITED INDIA INSURANCE COMPANY LTD. KULANGARA TOWERS, MC ROAD, KACHERITHAZHAM, MUVATTUPUZHA REPRESENTED BY THE AUTHORISED SIGNATORY AND POWER OF ATTORNEY THE MANAGER, REGIONAL OFFICE, KOCHI, PIN-682011. BY ADV RAJAN P.KALIYATH

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RESPONDENT/S:

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1 JOJO M. VATTAKUZHI @ JOMON AGED 48 YEARS S/O. IYPE, VATTAKUZHIYIL HOUSE, KALLOORKKAD P.O., MUVATTUPUZHA, ERNAKULAM, PIN-686 668. 2 JOSE MATHEW (MINOR) AGED 17 YEARS S/O. JOJO M., VATTAKUZHI, (DOB 26.3.2003) REPRESENTED BY HIS FATHER JOJO M., VATTAKUZHI @ JOMON, S/O. IYPE, AGED 48 YEARS, VATTAKUZHIYIL HOUSE, KALLOORKKAD P.O., MUVATTUPUZHA, ERNAKULAM, PIN-686 668. 3 GEORGE MATHEW (MINOR) AGED 12 YEARS S/O. JOJO M., VATTAKUZHI @ JOMON, (D.O.B 03.10.08) REPRESENTED BY HIS FATHER JOJO M., VATTAKUZHI @ JOMON, S/O. IYPE, AGED 48 YEARS, VATTAKUZHIYIL HOUSE, KALLOORKKAD P.O., MUVATTUPUZHA, ERNAKULAM, PIN-686 668. BY ADV C.DILIP

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON

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07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA No.1001 of 2021

C.S.DIAS, J.

======================

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MACA No.1001 of 2021

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====================== Dated this the 7^th day of September, 2021.

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JUDGMENT

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The learned counsel appearing for the appellant seeks leave to withdraw the appeal on the basis of the memo dated 2.8.2021. It is stated in the memo that the appellant does not wish to prosecute the appeal and, therefore, the appeal may be dismissed as withdrawn.

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This Court had admitted the appeal on 10.3.2021. The operation of the award was stayed on condition that the appellant deposits an amount of Rs.55,00,000/- with proportionate interest and costs, and the respondents were permitted to move the Tribunal for withdrawal of the deposited amount.

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In the light of the present request made by the appellant, the appeal is dismissed as withdrawn, which will be without prejudice to the right of the respondents

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MACA No.1001 of 2021

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to move for enhancement of compensation, if they are so

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advised. It is made clear that the respondents' right to withdraw the amount already deposited and also seek for realisation of the balance amount due as per the impugned award is left open.

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With the above observation, the appeal is dismissed

as withdrawn.

Sd/-

sks/7.9.2021

C.S.DIAS, JUDGE

The United India Insurance Company Ltd. v. Jojo M. Vattakuzhi @ Jomon

Case brief

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The United India Insurance Company Ltd. v. Jojo M. Vattakuzhi @ Jomon

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