Allowed

Ajitha Balachandran v. the New India Assurance Company Limited

Kerala HC23 Nov 2023MACA/193/2022

Case brief

AI extract

What is this about?

In Motor Accidents Claims Appeal No. 193 of 2022, the High Court of Kerala allowed the appeal based on a joint settlement where the respondent insurer agreed to pay an additional sum of Rs. 1,30,000 as final settlement of all claims raised in the appeal.

What did the court decide?

The sole respondent shall pay Rs. 1,30,000 (inclusive of interest and cost) to the appellant within two months from the date of receipt of this judgment; in case of default, interest at 9% per annum s

Ajitha Balachandran Vs the New India Assurance Company… — 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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THURSDAY, THE 23RD DAY OF NOVEMBER 2023 / 2ND AGRAHAYANA,

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MACA NO. 193 OF 2022

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AGAINST THE AWARD IN OPMV 71/2019 OF MOTOR ACCIDENT CLAIMS

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TRIBUNAL, THODUPUZHA DATED 29/04/2021

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APPELLANT/PETITIONER:

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AJITHA BALACHANDRAN
AGED 54 YEARS
W/O BALACHANDRAN, MANGALATHU HOUSE, PUTHUVELIKARA,
VELIYANNOOR VILLAGE, NOW RESIDING AT MANGALATHU HOUSE,
MANAKKAD VILLAGE, MANAKKAD KARA,
IDUKKI DISTRICT, PIN CODE-685 584.
BY ADVS.MATHEWS K.PHILIP
 T.MANASY
 MINISHA K DAS

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RESPONDENT/3RD RESPONDENT:

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

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BY ADV MINI M.R

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THIS MOTOR ACCIDENT CLAIMS APPEAL BEEN FINALLY HEARD
ON 23.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

MACA No. 193 of 2022

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JUDGMENT

Dated this the 23^rd day of November, 2023

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This appeal is originated from an award passed by Additional Motor Accidents Claims Tribunal-II, Thodupuzha (for short ‘the Tribunal’) on 29.04.2021 in O.P(M.V) No.71/2019.

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The issues involved are amicably settled among the parties to the appeal and a joint statement is filed, signed by both parties and the respective counsel representing them. In the joint statement filed, it is stated that the respondent agreed to pay an additional sum of `1,30,000/- (Rupees One Lakh Thirty Thousand only) inclusive of interest, in full and final settlement of all claims raised by the appellant in the appeal against them within two months from the date of receipt of a copy of the judgment that would be passed in the appeal on hand, on

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MACA No. 193 of 2022

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-:3:-

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the basis of the joint statement. In case of failure to pay the amount, within the time agreed, the respondent has also agreed to pay interest at the rate of 9% per annum, from the date of default.

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In the above circumstances, the appeal on hand is allowed on the basis of the terms of the joint statement filed. The sole respondent in the appeal shall pay `1,30,000/- (inclusive of interest and cost) in favour of the appellant, within a period of two months from the date on which, a copy of this judgment is received. In case of default, interest at the rate of 9% shall also be paid by the respondent, 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 TIE HONouRABLE HIGH cOuRT OF KERALA AT EENAKurAM

MACA No. 193 /2022

Aj itha Balachandran

Appellanth'etitioner

Vs.

The New India Assurance RespondendRespondent Company Limited

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JOINTSTATEMENTFI;;gag;§=;;g±APPELLANTANDTHE

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The above appeal is filed from the judgment in O.P. (MV) No. 71/2019 on the file Additional Motor Accidents Claims Tribunal-II, Thodupuzha. The court below passed the award for an amount of Rs.4,13,470/-with interest and costs.

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Being aggrieved by the awai.d, the claimant has filed this appeal before this cout for enhancement of the compensation. During the pendency of the case, the martter has been settled between the appellant and the insurer of the offending vehicle. The respondent insurer agi.eed to pay a further amount of Rs.1,30,000/- including interest as additional compensation in the above appeal.

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The respondent hereby agrees to transfer the above amount of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) to the account of the appellant, Jose Immanuel within a period of two months from the date of receipt of the copy of the judgment from the Honourable High Cout of Kel.ala, failing which the said amount will carry interest at 9°/o from the dale of default.

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There is no threat, collusion, cot;rcion or undue influence in aITiving at the above settlement. There is no mistake in arriving at this

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settlement either.

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¥#*Rqgfinqwhs.fa. Datedthisthe27thdayofoctober,REzrEL°?n3,eaha':8°u'.air±peT tiFTrfelqwh Duly Consuna A"

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J4fro---, Appellant: Aj itha Balachandran

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EEEE Advocate : Mathews K. Philip Counsel for the appellant

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Respondent: The New India Assurance Company Ltd.

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Counsel for^1'--_I..I.}' Advocate : Mini M.R.

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Ajitha Balachandran v. the New India Assurance Company Limited

Case brief

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Ajitha Balachandran v. the New India Assurance Company Limited

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