Allowed

Jishamol Alex v. Nithin Lukose

Kerala HC27 Nov 2023MACA/1152/2021

Case brief

AI extract

What is this about?

In a motor accident claim appeal, the High Court allowed the petition following a joint settlement between parties. The court directed the insurer to deposit an additional compensation of Rs. 1,75,200/- to the appellant within a month of receiving bank details.

What did the court decide?

The 2nd respondent insurer shall deposit Rs. 1,75,200/- inclusive of interest into the appellant's account within one month of receiving bank particulars, with 7% interest on default.

Jishamol Alex Vs Nithin Lukose — Motor Accident Claims | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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MONDAY, THE 27TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945

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MACA NO. 1152 OF 2021

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AGAINST THE AWARD DATED 31.10.2019 IN OP(MV)NO. 1940/2016 OF

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MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOTTAYAM

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APPELLANT/PETITIONER:

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JISHA MOL ALEX,
W/O. JOBIN JOSEPH, RESIDING AT VELIYAPARAMBIL
HOUSE, KUNNUKULAM BHAGOM, MANNANAM KARA,
ATHIRAMPUZHA, KOTTAYAM, PIN-686 562

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BY ADVS.SRI.K.A.HASHIM

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 SRI.JABIN MUHAMMED

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RESPONDENTS/RESPONDENTS:

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1NITHIN LUKOSE,
S/O. LUKOSE MATHEW, THOTTATHIL HOUSE,
NEENDOOR KARA, ONAMTHURUTHU VILLAGE, KOTTAYAM.
PIN-686 602.

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2 UNITED INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM, PIN-686 002

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R2 BY ADV.SRI. P.MURALEEDHARAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 27.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

-:2:-

MACA No.1152 of 2021

JUDGMENT

Dated this the 27^th day of November, 2023

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The appeal on hand is filed challenging an award passed by Motor Accidents Claims Tribunal, Kottayam (for short ‘the Tribunal’) on 31.10.2019 in O.P.(MV) No.1940/2016.

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Challenge was raised against the impugned award mainly for the reason that the quantum of compensation stood awarded by the Tribunal is inadequate.

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During the pendency of the appeal, the parties

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have arrived at an amicable settlement and a joint settlement memo is filed, signed by both parties and their respective counsel. The appellant has agreed to receive `1,75,200/- (inclusive of interest) as additional

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compensation in full and final settlement of all claims raised

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MACA No.1152 of 2021

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-:3:-

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in the appeal and the 2^nd respondent has agreed to deposit the said amount in the account of the appellant.

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The appellant has agreed to furnish her bank

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account particulars within one month from the date of the judgment, that would be passed and the respondent has agreed to deposit the compensation within one month from the date of receipt of the particulars of the bank account. In case of failure of the respondent to deposit the compensation after receiving the account particulars within the time stipulated for that, interest at the rate of 7% was also agreed to be paid for the compensation amount, from the date of default.

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Based on the terms in the joint settlement memo filed, the appeal on hand is allowed. The 2^nd respondent insurer shall deposit `1,75,200/- (Rupees one lakh seventy five thousand and two hundred only) (inclusive of interest), arrived at as additional compensation payable, in the account of the appellant immediately on herself furnishing

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MACA No.1152 of 2021

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-:4:-

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the particulars of account. In case of default, the respondent

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is also liable to pay interest at the rate of 7% per annum to

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the petitioner, from the date of default.

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The joint memo of settlement shall also form part of this judgment.

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Sd/- MARY JOSEPH JUDGE

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MJL

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RACANo.115212021(CA-2023-0290±±2

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Joint settlement_

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BEFORETHEHON'BLEHIGHcoURTOFKERAIAATERNAKULAM

MACA No.1152/2021

Appellant/petitioner

Jisha mol alex

Respondents/Respondents

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N.\dhin lukose & another jolNT-

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N.\dhin lukose & another

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MOTQRAg±

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TheaboveappealisagainstawardinoPMV.No.1940/2016dated.31/10/2019of themotorAcc.identClaimsTribunal,ko|tayam.Theoriginalclaimsisoneu/S166 oftheMotorVehiclesActfortheinjurietjsustainedbytheappellantinthemotor veh`!c(e accident occurred on 2/08/2016,

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he insured vehicle awarded a The learned tribunal after find.mg 8#fSatath« oportionate cost from the compensation<sup>of Rs:26,990/- with</sup> uantum the claimant is 2rtti respondent insurance Comp in appeal. a lnsu<sup>rar¥8eCompany had</sup> ndent uri The appel\ant and the 2nd res' I '1 ur,r,-.._ _ _._ 2023. T t has agreed to receive d'iscussed the matter on 18/1d/ nd ancl two hundred Rs.1,75,200/-(rupees one lakh seventy addition to the comp^e~risation already award by the only)including interest in adclition>f the all`€laims he appeal. The respondent Tribunal as full and final settlemen mown e account of appellant. insurer has agreed to deposit the a

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TheappellantshaHfurnishthebankacc{luntparticularsoftheappellantwithin onemonthfromthedateofthejudgment.TherespondentshaHdepositthe amountwithinonemonthfromthedateofthereceiptoftheaccountparticulars. Incase the insurer fao to deposit the amount after receiving the account part.icu\arsoftheaccountparticularsasStipulatedabovetheamountshaHcarry interest as 7% after the ciate of defa.u!t.

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Date this 20{Ah day of October 2023 at Ernakulam

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Respondent Appe\l Counsel for the respondent Counsel for the appella :=f-IFt3r L!NITE0 lNn!A lsjsuBANSE CQ,

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FSO VERIFIED-8

Jishamol Alex v. Nithin Lukose

Case brief

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Jishamol Alex v. Nithin Lukose

Case brief

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