Allowed

Bindu v. Prakash (Prakashan.T.K)

Kerala HC4 Dec 2023MACA/715/2021

Case brief

AI extract

What is this about?

On appeal against an award by the Motor Accidents Claims Tribunal, Muavattupuzha, the court allowed the appeal based on a joint settlement memo wherein parties settled the matter by agreeing to an additional compensation of Rs. 1,10,000.

What did the court decide?

Additional compensation of Rs. 1,10,000 directed to be deposited by the insurer within one month of receipt of account and PAN details.

Bindu Vs Prakash (Prakashan.T.K) — 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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MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945

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MACA NO. 715 OF 2021

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AGAINST THE AWARD DATED 02.11.2020 IN OP(MV)NO.841/2018 OF MOTOR

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ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA

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APPELLANT/PETITIONER:

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BINDU,
AGED 48 YEARS,
W/O.PRAKASH, PARIYARIMATTATHIL HOUSE,
ANCHELPETTY BHAGOM, ONAKKOOR KARA, ONAKKOOR VILLAGE,
MUVATTUPUZHA, ERNAKULAM DISTRICT,
PIN - 686 667.
BY ADVS.SRI.ALIAS M.CHERIAN
 SRI.K.M.RAPHY
 SMT.ANJALY ELIAS
 SRI.BRISTO S. PARIYARAM

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RESPONDENTS/RESPONDENTS:

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1PRAKASH (PRAKASHAN.T.K),
AGED 52 YEARS,
S/O.KUNJAN, PARIYARUMATTATHIL (PAZHUKKATTUPUTHENPURA) HOUSE,
ANCHELPETTY, PAMPAKUDA, ONAKKOOR KARA, ONAKKOOR VILLAGE,
MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 667.
2M/S.UNITED INDIA INSURANCE COMPANY LTD.
BRANCH OFFICE, 2ND FLOOR, G.M.ARCADE, P.O.JUNCTION,
PIRAVOM P.O., MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN - 686 664.

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R2 BY ADV. SRI. RAJAN P.KALIYATH

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.No.715 of 2021

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JUDGMENT

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Dated this the 4^th day of December, 2023

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The appeal on hand is directed against an award

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passed by Motor Accidents Claims Tribunal, Muvattupuzha (for short ‘the Tribunal’) on 02.11.2020 in OP(MV)No.841/2018. The appeal is filed by the claimant who had filed the above Original Petition before the Tribunal, seeking for enhancement of compensation.

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During the pendency of the appeal parties to

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the appeal have entered into an amicable settlement and arrived at a sum of `1,10,000/- (inclusive of interest and costs) as the additional compensation payable.

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The 2^nd respondent has agreed to pay

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`1,10,000/- to the appellant as additional

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M.A.C.A.No.715 of 2021

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compensation (inclusive of interest and costs), in full and final settlement of all claims in the appeal. The appellant has agreed to furnish the details of the bank account as well as the PAN card within one month from the date of judgment that would be passed in accordance with the joint settlement memo and the 2^nd respondent has agreed to deposit the amount within one month from the date of furnishing the bank account details. In case of default, the 2^nd respondent has also agreed to pay interest for the additional compensation at the same rate as fixed by the Tribunal, from the date of default.

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In the result, appeal is allowed on the basis of the joint settlement memo and the 2^nd respondent is directed to deposit `1,10,000/- (Rupees One lakh ten thousand only) (inclusive of interest and costs) within one month from the date on which the

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M.A.C.A.No.715 of 2021

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particulars of the bank account and the PAN card were furnished by the appellant. In case of failure to deposit the amount within the time frame, the 2^nd respondent has also agreed to pay interest at the same rate as fixed by the Tribunal, from the date of default.

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

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MARY JOSEPH JUDGE

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MJL

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BEEQBELTIIEL±±QP[:P±E±B±==;:==:LJRL±LQELRE84RAI

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MACA NO. 715 0F 2021

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BINDU

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PRAKASAN T.K. & ANOTHER

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APPELLANT

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RESPONDENTS

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JOINT MEMO FILED BY AND THE SECOND RESPONDENT UNITEI) INDIA INSURANCE CO. LTD

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This appeal arise from the awind dated 02.11.2020 in op(MV) No.841 of 2018 of the Motor Accidents Claiins Tribunal, Muvattupuzha wherein a sum of Rs.2,36,300/- was granted to the appellant with interest at the rate of 7% from the date of claim as well as proportionate cost. It is submitted that the appellant/claim petitioner and the second respondent/united India Insurance Co. Ltd., in the appeal have voluntarily at their free will have agreed to settle the matter, in full and final settlement, on the following terms.

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a) The Appellant has agreed to settle all the disputes in the above case by receiving an additional compensation of Rs.1,10,000/- (Rupees One lakh ten thousand only) which is inclusive of interest and cost as well.

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The appellant shall furnish the details of the bank account particulars as well as the PAN Card details to the (2nd respondent) insurer within one month from the date of judgment and the insurer shall deposit the amount within one month from the date of furnishing the details.

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JZ-

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1}ul

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For UNITED INDIA INSURANCE C9. I:TD.

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AVthowl%Ory

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a In case the appellant fails to furnish the above details as above, the running of interest would stop and would resume only after the date of receipt of the account particulars and PAN Card details by the first respondent insurance company.

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J) If the insurance company failed to deposit the amount as stipulated, the interest shall be levied on the aniount at the sane rate as stipulated in the award from the date of default onwards.

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All the facts stated above are true and correct.

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;`i_±| Dated this the 3rd day of November, 2023

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DIA INSURANCE CO. IJD. kJ»/. RREeNREdy CE CO. LTD

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AppELLANT: a3INDu)

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quNITED

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(ALIAS M CHERIAN) aIAJAN IYATH) COUNSEL FOR THE APPELANT: COUN Fdi THE 2Ni) RESPONDENT

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Bindu v. Prakash (Prakashan.T.K)

Case brief

What is this about?

What did the court decide?

Bindu v. Prakash (Prakashan.T.K)

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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