Allowed

Aliyas v. New India Assurance Company Ltd.

Kerala HC4 Dec 2023MACA/172/2022

Case brief

AI extract

What is this about?

This was a Motor Accidents Claims Appeal. During the pendency of the appeal before the High Court, the parties reached an amicable settlement where the respondent insurer agreed to pay an additional compensation of Rs. 1,00,000/- plus interest in full and final settlement, effective only upon delivery of this judgment.

What did the court decide?

Respondent directed to pay Rs. 1,00,000/- as additional compensation in full and final settlement within two months of the receipt of the certified copy of the judgment, liable to interest at 9% per a

Aliyas Vs New India Assurance Company Ltd. — 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 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945

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MACA NO. 172 OF 2022

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AGAINST THE AWARD DATED 12.08.2021 IN OP(MV)NO.574/2019 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL,THODUPUZHA

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APPELLANT/PETITIONER:

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ALIYAS,
AGED 60,
S/O.VARGHESE, KUZHIKANDATHIL HOUSE, THOTTIKKANAM P.O.,
SANTHANPARA VILLAGE, SANTHANPARA KARA, IDUKKI DISTRICT,
PINCODE - 685619.

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BY ADVS.SRI.MATHEWS K.PHILIP
 SRI.T.MANASY
 SMT.MINISHA K DAS

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RESPONDENT/3RD RESPONDENT:

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NEW INDIA ASSURANCE COMPANY LIMITED,
REPRESENTED BY ITS DIVISIONAL MANAGER,
DIVISIONAL OFFICE, KOTTAYAM - 686 002.

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BY ADV.SMT.MINI M.R

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.No.172 of 2022

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JUDGMENT

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Dated this the 4^th day of December, 2023

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The appeal on hand is directed against an award passed

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by Motor Accidents Claims Tribunal, Thodupuza (for short ‘the Tribunal’) on 12.08.2021 in OP(MV) No.574/2019.

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During the pendency of this appeal the parties have arrived at an amicable settlement and a joint statement is filed signed by both parties and their respective counsel. In the joint statement filed, it is found stated that the sole respondent herein, who was the 3^rd respondent before the Tribunal has agreed to pay a sum of `1,00,000/- (inclusive of interest) as additional compensation in favour of the appellant. The amount was agreed to be transferred to the account of the appellant within a period of two months from the date of receipt of a certified copy of the judgment when that will be passed based on the joint statement. In case of failure, interest at the rate of 9% per annum was also agreed to be paid, from the date of default.

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In the result, the appeal is allowed and the sole respondent (3^rd respondent before the Tribunal) is directed to

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M.A.C.A.No.172 of 2022

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transfer `1,00,000/- (Rupees One lakh only) arrived at as additional compensation in full and final settlement of all claims in the appeal, to the account of the appellant within a period of two months from the date of receipt of a certified copy of this

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judgment. In case of default, interest at the rate of 9% per annum shall also be paid from the date of default.

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The joint statement shall also form part of this judgment.

Sd/-

MARY JOSEPH

JUDGE

MJL

BEFORE TEE HONOURABLE HIGH COURT OF KERALA AT EENAKULAM

MACA No.172 /2022

Aliyas

Appellantffetitioner

Vs.

New India Assurance Company Limited

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Respondent/Respondent

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±QPIT STATEI\ml`IT FILED Bv THE AppELLANT AND TEE RESPONDENT

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The above appeal is filed from the judgment in O.P. (MV) No. 574/2019 on the file Motor Accidents Claims Tribunal Thodupuzha. The cout below passed the award for an amount of Rs.6,50,251/with interest and costs.

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Being aggrieved by the award, the claimant has filed this appeal before this court for enhancement of the compensation. During the pendency of the case, the matter has been settled between the appellant and the insurer of the offending vehicle. The respondent insurer agreed to pay a further amount of Rs.1,00,000/-inckdin.`g interest as additional compensation in the above appeal.

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The respondent hereby agrees to transfer the above amount of Rs.1,00,000/- (Rupees One Lakh only) to the account of the appellant, Aliyas within a period of two months from the date of receipt of the copy of the judgment from the Honourable High Court of Kerala, failing which the said amount will car`ry interest at 9%\ r _---i ;+°=-t-h~:~:a::-;-i-;efa###d?FonqBg,¥S.fa.

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Duly oonsou Arty

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There is no threat, collusion, coercion or undue influence in diri.cJ:iig at the above settlement. There is no mistake in arriving ar thi::.

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settlement either.

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Datedthis the 9th day of November, 202S in Sq3e3ffl FTan i. ` 1

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1' a, _.® i::¥#i°Tn::ahi`:s°uf,: :ssufingife

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spondent: '..i. ::i Assurance Company Ltd. J

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Counsel for the appellant

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Counsel for th Advocate : Mini M.R.

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Aliyas v. New India Assurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Aliyas v. New India Assurance Company Ltd.

Case brief

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What did the court decide?

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