Allowed

Sivadasan v. National Insurance Co. Ltd.

Kerala HC11 Oct 2023MACA/54/2017

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a motor accident appeals challenging a Tribunal award. Upon a joint memo stating the matter was settled for an additional sum, the court modified the award to grant the appellants the agreed settlement amount in addition to the original award.

What did the court decide?

The appeal was disposed of by modifying the Tribunal's award to grant an additional amount of Rs. 6,76,000/- (inclusive of interest) to the appellants.

Sivadasan Vs National Insurance Co. Ltd. — Motor Accident Claims | Kerala HC (2023)

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MACA NO. 54 OF 2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 11^TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945

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MACA NO. 54 OF 2017

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AGAINST THE AWARD DATED 12.08.2016 IN OP(MV)NO.1231/2015 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE

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APPELLANTS/CLAIMANTSS:

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1SIVADASAN, AGED 57 YEARS
S/O. CHEKKU, AGED 57 YEARS, RESIDING AT MADATHIL
HOUSE, P.O CHERUKULATHOOR, PERUVAYAL, KOZHIKODE.
[DIED]
2SUDHEESH
AGED 26 YEARS
S/O SIVADASAN,AGED 26 YEARS,RESIDING AT MADATHIL
HOUSE, P.O CHERUKULATHOOR, PERUVAYAL, KOZHIKODE.
[APPELLANT NO.2 IS RECORDED AS THE LEGAL HEIR OF
DECEASED 1ST APPELLANT, AS PER ORDER DATED
26.09.2023 IN IA NO .1/23.]
BY ADV K.V.RASHMI

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RESPONDENT/3RD RESPONDENT:

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NATIONAL INSURANCE CO. LTD
DIVISIONAL OFFICE, NOOR COMPLEX, ARAYEDATHUPALAM,
NEAR SBT, MAVOOR ROAD, KOZHIKODE. REP.
BY ITS MANAGER 673 001
BY ADVS.
SRI.LAL GEORGE
SEBASTIAN VARGHESE(K/141/2000)

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OTHER PRESENT:

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ADV SEBASTIAN VARGHESE

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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MACA NO. 54 OF 2017

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ZIYAD RAHMAN, A.A, J

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M.A.C.A No. 54 of 2017

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Dated this the 11th day of October, 2023

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JUDGMENT

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This appeal arises from the Award dated 12.08.2016 in

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OP(MV)No.1231/2015 on the file of Motor Accidents Claims Tribunal, Kozhikode. The said claim petition was filed by the appellant seeking compensation due to the injuries sustained in a motor accident that occurred on 27.05.2015. Even though the appellants claimed an amount of Rs.14,00,000/- as compensation,

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the Tribunal awarded an amount of Rs.6,58,200/- and the third respondent was directed to deposit the said amount along with interest 9% per annum from the date of petition till deposit. This appeal is submitted by the appellant, being dissatisfied with

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the quantum of compensation.

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Heard Adv.Smt.Rashmi K.V learned counsel for the

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MACA NO. 54 OF 2017

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appellants and Adv. Sri.Sebastian Varghese, learned standing counsel for the respondent.

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Today, when the matter came up for consideration,

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the appellants and the respondent filed a joint memo, as per which it was conveyed that the claim of the appellants was settled by the respondent by agreeing to pay an amount of Rs.6,76,000/- (Rupees six lakhs seventy six thousand only) inclusive of interest in addition to the amount already awarded by the Tribunal.

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In the light of the aforesaid joint memo, this appeal is disposed of modifying the award referred to above by granting an additional amount of Rs.6,76,000/- ( Rupees six lakhs seventy six thousand only), inclusive of interest, to the appellants and the third respondent is directed to deposit the said amount within a period of 30 days from the date of receipt of a copy of this judgment. In case of any failure in making the said deposit, it shall be open for the appellants to recover the said

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MACA NO. 54 OF 2017

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amount from the respondent with interest @ 8% per annum

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from the date of default.

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ZIYAD RAHMAN, A.A, JUDGE

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R.AV

Sivadasan v. National Insurance Co. Ltd.

Case brief

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Sivadasan v. National Insurance Co. Ltd.

Case brief

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