Allowed

Manoj Chandran v. Geetha Mathew

Kerala HC18 Dec 2023MACA/2840/2022

Case brief

AI extract

What is this about?

The High Court allowed the motor accident claims appeal based on a joint settlement memo filed by the parties pending the appeal. This approved the additional compensation amount of Rs. 16,00,000/- and detailed the conditions for deposit and interest on default.

What did the court decide?

Appeal allowed for an additional sum of Rs 16,00,000/- as compensation, payable by the respondent insurer to the appellant within one month, with 7% p.a. interest on default.

Manoj Chandran Vs Geetha Mathew — Contract and Commercial Disputes | 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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MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945

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MACA NO. 2840 OF 2022

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AGAINST THE AWARD DATED 29.12.2021 IN OP(MV)NO.6/2018 OF MOTOR

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ACCIDENTS CLAIMS TRIBUNAL, PALA

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APPELLANT/PETITIONER:

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MANOJ CHANDRAN,
PARAPURATH HOUSE, CHAKKAMPUZHA, EDAKOLY,
REP BY HIS WIFE ROHITHA VISHWANATH,
CHAKARIYAMTHADATHIL, VETTIMUKAL P.O, PIN - 686631

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BY ADVS.SRI.K.A.HASHIM
 SRI.M.I.ISMAIL

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RESPONDENTS/RESPONDENTS:

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1GEETHA MATHEW,
PATHIYIL HOUSE, EDANAD P.O., PIN - 686574
2MARTIN BABY,
MANIMALKUNNEL HOUSE, NECHIPUZHOOR P.O., PIN – 686574.
3THE NEW INDIA ASSURANCE CO.LTD,
REP:BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE,
MUNCIPAL COMPLEX, PALA P.O, PIN - 686575

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R2 BY ADVS.SRI.THOMAS JOHN AMBOOKEN
 SRI.B.SAJEEV KUMAR
 SRI.BLOSSOM MATHEW

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R3 BY ADV.SRI.SEBASTIAN VARGHESE

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
18.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.No.2840 of 2022

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JUDGMENT

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Dated this the 18^th day of December, 2023

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The appeal on hand is originated from an award passed by Motor Accidents Claims Tribunal, Pala (for short ‘the Tribunal’) on 29.12.2021 in OP(MV) No.6/2018.

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The appeal was preferred by the petitioner before the Tribunal seeking for enhancement of compensation.

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During the pendency of the appeal the matter has been settled among the parties and a joint settlement memo is filed, signed by both parties and their respective counsel. It is found from the joint settlement memo that the case was settled for a sum of `16,00,000/- (inclusive of interest) as additional compensation. The appellant shall furnish the bank account particulars within one month from the date of a judgment that would be passed by this Court based on the joint settlement memo. The 3^rd respondent/insurer has agreed to deposit the agreed amount, in the account of the appellant, within one month from the date of receipt of the account particulars. In case of default, the respondent has also agreed to pay interest

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M.A.C.A.No.2840 of 2022

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at the rate of 7% per annum for the additional compensation,

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from the date of default.

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In the result, appeal is allowed for a sum of `16,00,000/- as additional compensation. The appellant shall

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furnish his bank account particulars to the 3^rd respondent, within one month from the date on which a certified copy of this judgment is received and the respondent shall deposit the amount in his account. In case of default, the respondent shall pay interest at the rate of 7% per annum for the additional compensation, from the date of default.

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The joint settlement memo shall also form part of this judgment.

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Sd/- MARY JOSEPH JUDGE

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MJL

Manoj Chandran v. Geetha Mathew

Case brief

What is this about?

What did the court decide?

Manoj Chandran v. Geetha Mathew

Case brief

What is this about?

What did the court decide?

What the court decided

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