Allowed

Shahul Hameed v. Icici Lombard General Insurance Company Limited

Kerala HC3 Nov 2023MACA/2324/2021

Case brief

AI extract

What is this about?

The appellant, a claimant, appealed against an award of the Motor Accidents Claims Tribunal. During the pendency, parties amicably settled for Rs. 2,50,000 with interest. The High Court allowed the appeal and passed a judgment for this sum in full and final satisfaction.

What did the court decide?

Appeal allowed; judgment passed for Rs. 2,50,000 to be deposited within two months with 9% per annum interest on default.

Shahul Hameed Vs Icici Lombard General Insurance… — 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 3RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945

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MACA NO. 2324 OF 2021

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AGAINST THE AWARD IN OPMV 1999/2017 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL, ERNAKULAM DATED 19/06/2020

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APPELLANT/PETITIONER:

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SHAHUL HAMEED,
AGED 21 YEARS, S/O. SHAMEER,
PALLIPPARAMPILIRAKATHIL HOUSE, SATELLITE
TOWNSHIP, KAKKANAD P.O., KOCHI – 682 030
BY ADVS.SRI. MATHEWS K.PHILIP
 SMT.T.MANASY
 SMT.SANDHYA M.G.

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RESPONDENT/3RD RESPONDENT:

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ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
SHANMUGAM ROAD, BROADWAY, ERNAKULAM,
KOCHI-682 031, REPRESENTED BY ITS DIVISIONAL
MANAGER
BY ADV P.JACOB MATHEW
 R. AJITH KUMAR VARMA

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
HEARING ON 03.11.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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MACA No. 2324 of 2021

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-:2:-

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JUDGMENT

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Dated this the 3^rd day of November, 2023

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The appeal on hand is originated from an award passed by Motor Accidents Claims Tribunal, Ernakulam (for short ‘the Tribunal’) on 19.06.2020 in O.P(M.V) No.1999/2017.

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During the pendency of the appeal, the issues

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involved in the appeal have been amicably settled among the parties and a joint memo is filed signed by both and their respective counsel.

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The respondent has agreed to pay `2,50,000/(Rupees two lakhs and fifty thousand only) in full and final satisfaction of the entire claim with interest and costs and the appellant has agreed to accept the offer in full satisfaction of his claim. The amount arrived at as compensation was agreed to be transferred by the respondent to the bank account of the appellant within two

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MACA No. 2324 of 2021

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-:3:-

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months from the date of receipt of a copy of the judgment to be passed. On failure to make the deposit within the time granted, 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 result, the appeal is allowed and a judgment for a sum of `2,50,000/- is passed in full and final settlement of all claims raised in the appeal. The respondent shall deposit the above sum in the bank account of the appellant on necessary particulars of the account being furnished by the appellant. The amount shall be deposited within two months from the date of receipt of copy of this judgment and in case of default, the respondent shall also pay interest at the rate of 9% per annum, from the date of default.

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The joint memo shall also form part of this judgment.

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Sd/-

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MARY JOSEPH

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MJL

Shahul Hameed v. Icici Lombard General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Shahul Hameed v. Icici Lombard General Insurance Company Limited

Case brief

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What did the court decide?

What the court decided

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