Allowed

Leela T. M v. Bajaj Allianz General Insurance Co. Ltd.

Kerala HC8 Nov 2023MACA/2024/2023

Case brief

AI extract

What is this about?

The High Court allowed the motor accident claims appeal on the day of admission after the parties reached an amicable settlement. The respondent insurer was ordered to deposit ₹68,000 including interest within two months, with an additional interest provision on default.

What did the court decide?

Respondent directed to deposit ₹68,000 within two months of receiving certified copy of judgment; applicable interest payment terms stipulated.

Leela T. M Vs Bajaj Allianz General Insurance Co. 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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WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945

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MACA NO. 2024 OF 2023

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AGAINST THE AWARD DATED 31.08.2022 IN O.P(M.V) NO.1378/2020 OF
PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE

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APPELLANTS/PETITIONERS:

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1LEELA T. M, AGED 60 YEARS
W/O.(LATE.) VELAYUDHAN, RESIDING AT POOKKOTTIL HOUSE,
VAVAD, KODUVALLY P.O, KOZHIKODE - 673572
2SUNIL KUMAR, AGED 44 YEARS
S/O. (LATE.) VELAYUDHAN, RESIDING AT POOKKOTTIL HOUSE,
VAVAD, KODUVALLY P.O, KOZHIKODE - 673572
3SUNAJA, AGED 38 YEARS,
D/O. (LATE.) VELAYUDHAN, RESIDING AT POOKKOTTIL HOUSE,
VAVAD, KODUVALLY P.O, KOZHIKODE - 673572
BY ADVS.SMT.A.D.DIVYA
 SRI.SABIN BABU

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RESPONDENT/3RD RESPONDENT:

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BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD,
REP. ITS BRANCH MANAGER, 5TH FLOOR, M SONS ARCADE,
KOZKIKODE - 673001
BY ADV SRI.AKHIL K.MADHAV

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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M.A.C.A.No.2024 of 2023

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JUDGMENT

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Dated this the 08^th day of November, 2023

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The appeal on hand is originated from an award passed by Principal Motor Accidents Claims Tribunal, Kozhikode (for short ‘the Tribunal’) on 31.08.2022 in O.P (M.V) No.1378/2020. The appellants are the petitioners before the Tribunal.

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During the pendency of the appeal, the matter was settled among the parties amicably and a joint memo is filed by them, where both parties and their respective counsel have also affixed their signatures.

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It is stated in the joint memo that the respondent/insurer of the offending vehicle has agreed to pay a sum of ₹68,000/- (inclusive of interest), within two months from the date of receipt of a judgment that would be passed on it's basis, failing which he has also agreed to pay interest at the rate of 8% per annum from the date of default.

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M.A.C.A.No.2024 of 2023

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In the result, the appeal is allowed and a

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judgment is passed. The sole respondent is directed to deposit ₹68,000/- (Rupees sixty eight thousand only) (inclusive of interest), within two months from the date on which the certified copy of this judgment is received.

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In case of default, respondent shall also pay interest at the rate of 8% per annum from the date of default.

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Joint memo will also form part of this judgment.

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Sd/- MARY JOSEPH JUDGE

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NAB

Leela T. M v. Bajaj Allianz General Insurance Co. Ltd.

Case brief

What is this about?

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Leela T. M v. Bajaj Allianz General Insurance Co. Ltd.

Case brief

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