Allowed

K.C.Karthyayani v. Satheesh

Kerala HC27 Jan 2023MACA/2007/2018

Case brief

AI extract

What is this about?

Sections 161 to 166 of the Negotiable Instruments Act, 1881 were not applied as the judgment is a Motor Accident Claims Appeal. The court disposed of the appeal based on a joint compromise memo filed by the parties, directing the respondent Insurance Company to pay a settled amount of Rs.1,30,000/- inclusive of interest and cost within one month.

What did the court decide?

Directed the Insurance Company to pay Rs.1,30,000/- inclusive of interest and cost within one month as full and final settlement.

K.C.Karthyayani Vs Satheesh — Motor Accident Claims | Kerala HC (2023)

¶1

IN THE Hlen cOuRT OF KERALA AT ERI\iAi{uLAM

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PRESENT

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THE irol\ioufIABLE MR. eusTlcE iREVAN RAMACHAI\iDRAi\i

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FRIDAY, tllE 27" DAY OF JANUARY 2®23 / 7TH MACHA, 1944

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MACA NO. 20®7 0F 2®18

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AGAINST THE JUDGMENT IN OP(MV) 634/2®15 0F Ill ADDITIONAL DISTRICT COURT, PALAl(I(AD / 11 ADDITIONAL MACT, PALAKKAD AppELLAi\iT/pETITIonER:

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K . C . KARTHYAYAN I

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AGED 73 YEARS

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W/0. NARAYANAN, AMBITTANKULAMBU HOUSE, P . 0 . KARIMKAYAM, PALAKKAD DISTRICT .

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BY ADV SRI.P.V.CHANDRA MOHAN

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RESPONDENTS/RESPONDENTS :

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SATHEESH

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S/0 . PURUSHOTHAMAN , KARIMUNDAYI L

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HOUSE, KARIMKAYAM . P . 0, KIZHAKKANCHERRY, PALAKRAD -6 78706 .

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UNITED INDIA INSURANCE CO.LTD

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IG TOWERS, NEAR BUS STAND, NENMARA, PALAKKAD -678508 .

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BY ADV AGINOV MATHAPPAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD 0N 27.01.2023, THE COURT 0N THE SAME DAY DELIVERED THE ,FOLLOWING:

•.2..

MACA. No.2007 /2018

luDGMENT

When t'his matter was called toda,y, the leaned couflse+ for both sides were ad /.den that the disputes between the parties have been settled and that a joint memo has been filed.

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I have examined thejoint memo and see that the claim of the claimant has been settled by the Insurance Company for an amount of Rs.1,30,000/- inclusive of interest and cost.

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In the afore ciricumstances, I allow this appeal in terms of the Compromise Petition dated 05.01.2023 filed by the parties; with a direction to the Insurance Company to deposit the said amount before the Tribunal within a period of one month from today.

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Sd/-

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DEVAN RAMACHANDRAN, JUDGE

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ACR

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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

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MACA NO. 2007 0F 2018

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(From award in 0. P. (MV) No. 634/2015 dated 16-6-2016 of MACT Palakkad)

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K. C. Karthyayani Appellant/petitioner

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-Vs . --

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Satheesh and another

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Respondents/Respondents

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Joint Memo f iled bv the aDpellant and the 2nd res Ondent' United India Insurance Com

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The appellant was seriously injured in a motor accident on 14-7-2014. She sustained several fractures and was hospitalized for 15 days. She filed a petition for compensation before the MJ.!CT, Palakkad claiming Rs. 2,88,500/- under various heads. The Honourable Tribunal allowed the application, but granted only Rs.1, 50, .550/-. For enhancement of compensation the claimant filed the above appeal before this Honourable Court as MACA 2007/2018.

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During the pendency of this appeal the claim was settled between the appellant and t.he 2nd respondent, Insurance Company, since the vehicle involved in the accident was having a valid insurance policy. The 2nd respondent offered to pay an additional sum of Rs. 1, 30,000/-inclusive of interest up to date and cost, as full and final settlement of the appeal. They further of.fered to deposit this amount within one month of the ciisposal of the appeal. The appellant/claimant accepted the offer and agreed to settle this appeal on the above terms. This memo is filed in

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ife
?----

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Therefore it is humbly prayed that this Honourable Court be pleased to accept the above i.;ettlement and dispose of the appeal by directing the 2nd respondent Insurance Company to pay an additional amount of Rs. 1,30,000/, inclusive of interest and cost, within one month of the disposal of the appeal as full and final sett.Iement of all claims of the appellant in the above appeal.

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Dated this the 5th day of January,

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plppeLLant ±

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Karthyayani K. C.

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tlorm ERE Assistant Manager 2nd Respondent

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Unite:d India Insurance Company Ltd.

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counsrf#pe]]ant

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C..unsel f or r.espondent

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P . V . Chandramohan

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Advocate .

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K.C.Karthyayani v. Satheesh

Case brief

What is this about?

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K.C.Karthyayani v. Satheesh

Case brief

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