Allowed

Dasan v. National Insurance Co. Ltd.

Kerala HC10 Nov 2023MACA/227/2022

Case brief

AI extract

What is this about?

This motor accident claims appeal was allowed based on a post-hearing joint settlement memo signed by both parties. The Court sanctioned an additional compensation of ₹5,65,650/- as full and final settlement, directing the respondent to deposit the amount within one month of receipt of bank details.

What did the court decide?

Appeal allowed; Respondent directed to deposit ₹5,65,650/- as additional compensation within one month of receiving bank details.

Dasan Vs National 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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FRIDAY, THE 10TH DAY OF NOVEMBER 2023 / 19TH KARTHIKA, 1945

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MACA NO. 227 OF 2022

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AGAINST THE AWARD DATED 26.09.2018 IN O.P(M.V) NO.755/2016 OF

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MOTOR ACCIDENT CLAIMS TRIBUNAL, VATAKARA

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APPELLANTS/PETITIONERS:

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1DASAN, S/O.KELAN, AGED 56 YEARS
HARITHASREE, CHERIKUZHIYIL HOUSE, MANDAMANGALAM P.O,
MOODADI, KOYILANDY VIA, KOZHIKODE – 673 307
2DHANESWARI, AGED 52 YEARS, W/O.DASAN,
HARITHASREE, CHERIKUZHIYIL HOUSE, MANDAMANGALAM P.O,
MOODADI, KOYILANDY VIA, KOZHIKODE- 673 307
3HARITHA DAS, D/O.DASAN, AGED 28 YEARS,
HARITHASREE, CHERIKUZHIYIL HOUSE, MANDAMANGALAM P.O,
MOODADI, KOYILANDY VIA, KOZHIKODE – 673 307

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BY ADVS.SRI.A.V.M.SALAHUDDEEN
 SMT.A.D.DIVYA

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RESPONDENT/3RD RESPONDENT:

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NATIONAL INSURANCE COMPANY LIMITED,
DIVISIONAL OFFICE - 1, PB NO. 207, PARCO TOWER,
P.M. TAJ ROAD JN., CALICUT-673 001,
REPRESENTED BY BRANCH MANAGER.

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BY ADV SMT.SARAH SALVY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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M.A.C.A.No.227 of 2022

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JUDGMENT

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Dated this the 10^th day of November, 2023

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The appeal on hand is originated from an award passed by Motor Accidents Claims Tribunal, Vatakara (for short ‘the Tribunal’) on 26.09.2018 in O.P (M.V) No.755/2016. The appellants are petitioners before the Tribunal.

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During pendency of the appeal, the parties have amicably settled the matter and a joint settlement memo is filed before this Court, which is signed by both parties and also by their respective counsel.

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As per the terms of the joint settlement memo, the appellants have agreed to accept a sum of ₹5,65,650/- as additional compensation from the respondent in full and final settlement of all claims raised in the Original Petition as well as in the appeal. The respondent has also agreed to deposit the sum arrived at

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M.A.C.A.No.227 of 2022

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as above. The appellants agreed to furnish the particulars of their bank account as well as the Pan Card within one month from the date of judgment that will be passed on the basis of the joint settlement memo. The respondent agreed to transfer the amount to the account of the appellants within one month from the date of receipt of the particulars of the account and Pan Card. In case of default, the respondent has also agreed to pay interest at the same rate stipulated by the Tribunal in the award under challenge, from the date of default.

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In the result, the appeal is allowed and a judgment is passed for ₹5,65,650/- (Rupees five lakh sixty five thousand six hundred and fifty only) inclusive of interest in terms of the joint settlement memo. The appellant shall furnish the particulars of his bank account as well as Pan Card to the respondent within one month of the date of this judgment and the respondent shall deposit the amount within one month from the date on which the

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M.A.C.A.No.227 of 2022

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particulars of bank account and Pan Card were furnished. In case of default in doing so, the respondent shall pay interest at the same rate as fixed by the Tribunal in the impugned award, from the date of default.

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Joint settlement memo will also form part of this judgment.

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MARY JOSEPH JUDGE

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NAB

Dasan v. National Insurance Co. Ltd.

Case brief

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Dasan v. National Insurance Co. Ltd.

Case brief

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