Dismissed

Radhakrishnan v. Kamaraj

Kerala HC9 Oct 2023MACA/1121/2023

Case brief

AI extract

What is this about?

This judgment disposes of a Motor Accidents Claims Appeal. The Court recorded a settlement agreed upon by parties to the dispute arising from an earlier approval by the Motor Accidents Claims Tribunal. The Court modified the previous award by granting an additional settlement amount to the appellants from the insurance company within a stipulated period, subject to interest for delay.

What did the court decide?

Award modified; Insurer directed to deposit Rs.6,75,000/- (plus interest) within two months, failing which 8% p.a. interest applies from date of default.

Radhakrishnan Vs Kamaraj — Motor Accident Claims | Kerala HC (2023)

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MACA.No.1121/23

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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 ZIYAD RAHMAN A.A.

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MONDAY, THE 9^TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945

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MACA NO. 1121 OF 2023

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AGAINST THE ORDER/JUDGMENT OPMV 489/2012 OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT CLAIMS

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TRIBUNAL,PALAKKAD

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APPELLANTS/PETITIONERS:

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1 RADHAKRISHNAN, AGED 71 YEARS, S/O.PARAMESHARAN PILLA, RESIDING AT UTHUGOTTUKALAM, THAYANKAVU, THENKURISSI PANCHAYAT, PALAKKAD DISTRICT, KERALA-, PIN – 678 671.

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2 SHANMUKHAN,

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AGED 45 YEARS, S/O.RADHAKRISHNAN, RESIDING AT UTHUGOTTUKALAM, THAYANKAVU, THENKURISSI PANCHAYAT, PALAKKAD DISTRICT, KERALA-, PIN – 678 671.

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3 VIJAYAKUMAR,

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AGED 44 YEARS, S/O.RADHAKRISHNAN, RESIDING AT UTHUGOTTUKALAM, THAYANKAVU, THENKURISSI PANCHAYAT, PALAKKAD DISTRICT, KERALA, PIN – 678 671.

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4 PUSHPA,

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AGED 43 YEARS, W/O.MARUDHAMUTHU RESIDING AT KATTAPOMMAN STREET, W.NO.11,POLLACHI, SULESWARANPATTI, COIMBATORE, PIN – 642 006.

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BY ADVS. A.R.NIMOD M.A.AUGUSTINE

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RESPONDENTS/RESPONDENTS:

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MACA.No.1121/23

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1 KAMARAJ, S/O.RAJAPANDIYAN, 1/24, THANGAMUTHU NAGAR, MAPPILAITHURAI, TUTHUKKUDI, TAMIL NADU STATE, PIN – 690 504.

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2 EASU RAJ.G, S/O.GNANAMUTHU@ GNANAMUTHU CHETTIYAR, MARIYAPPA NADAR COLONY, VADAKKUTHITTAMKULAM, ELAPPAIUTHY, KOVILPATTY, TUTHUKKUDI, TAMIL NADU STATE, PIN – 690 504.

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3 SHRIRAM GENERAL INSURANCE CO. LTD., 10003-E8, RIICO INDUSTRIAL AREA SITAPURA, JAIPUR, RAJASTAN-302022, REPRESENTED BY ITS BRANCH MANAGER, PIN – 302 022.

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BY ADV.LINTO FRANCIS

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.1121/23

J U D G M E N T

The appellants are the petitioners in O.P.(MV).No.489 of 2012 on the file of the Motor Accidents Claims Tribunal, Palakkad. The said claim petition was submitted by them seeking compensation for the death of one Gireeshan in a motor accident occurred on 16.11.2011. The claim petition was submitted by the legal heirs seeking a total compensation of Rs.18,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.6,96,000/- and the 3^rd respondent herein was directed to deposit the said amount along with interest at the rate of 9% per annum from the date of petition till realization. This appeal is submitted challenging the same.

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Heard Sri.A.R.Nimod, learned counsel for the appellants and Sri.Linto Francis, learned counsel for the 3^rd respondent.

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Appellants and the 3^rd respondent have filed a joint memo to the effect that the matter has been settled between the parties and as per the settlement the 3^rd respondent had agreed to deposit a further sum of Rs.6,75,000/- (Rupees six lakhs seventy five thousand only) inclusive of interest in full and final satisfaction of the claim of the appellants.

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MACA.No.1121/23

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In the light of the aforesaid settlement as evidenced by the joint memo dated 23.09.2023 this appeal is disposed of modifying the award dated 23.06.2015 passed by the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV).No.489 of 2012 granting an additional amount of Rs.6,75,000/- (Rupees six lakhs seventy five thousand only) inclusive of interest to the appellants herein and the said amount shall be deposited by the 3^rd respondent Insurance Company within a period of two months from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 8% per annum, from the date of default.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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DG/9.10.23

Radhakrishnan v. Kamaraj

Case brief

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Radhakrishnan v. Kamaraj

Case brief

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