Disposed

Padmakumary v. M/S. New India Assurance Co. Ltd.

Kerala HC7 Feb 2024MACA/1131/2022

Case brief

AI extract

What is this about?

Motor accident claims appeal by the family of Prathapachandran Pillai, who died in a road accident, against a Tribunal award of Rs.19,04,400/- in compensation. Following a joint settlement memo dated 29.01.2024 with the respondent insurance company, the appeal was disposed of, granting an additional Rs.8,32,000/- inclusive of interest in full and final satisfaction.

What did the court decide?

Additional compensation of Rs.8,32,000/- (inclusive of interest) granted to the appellant; deposit within two months, else interest at 8% per annum from default.

Padmakumary Vs M/S. New India Assurance Co. Ltd. — Motor Accident Claims | Kerala HC (2024)

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MACA.No.1131/2022

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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 7^TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945

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MACA NO. 1131 OF 2022

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CRIME NO.535/2016 OF Kottarakkara Police Station, Kollam

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AGAINST THE ORDER/JUDGMENT OPMV 290/2016 OF MOTOR ACCIDENT

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CLAIMS TRIBUNAL ,PUNALUR

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APPELLANTS/PETITIONERS:

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1 PADMAKUMARY,

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AGED 57 YEARS, W/O.LATE PRATHAPACHANDRAN PILLAI, AMBADI, AERAM, THADICADU P.O, KOLLAM DISTRICT, PIN – 691 306.

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2 GOVIND PILLAI, AGED 21 YEARS, S/O.LATE PRATHAPACHANDRAN PILLAI, AMBADI, AERAM, THADICADU P.O, KOLLAM DISTRICT., PIN – 691 306.

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BY ADV.ANCHAL C.VIJAYAN

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RESPONDENT/RESPONDENT NO.3:

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M/S.NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, REMA PLAZA, THAMPANOOR, THIRUVANANTHAPURAM., PIN – 695 001.

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BY ADV.P.MURALEEDHARAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.1131/2022

JUDGMENT

The appellants are the petitioners in O.P.(MV).No290 of 2016 on the file of the Motor Accidents Claims Tribunal, Punalur. The said claim petition was submitted seeking compensation for the death of one Prathapachandran Pillai in a motor accident that occurred on 01.03.2016. Claim petition was submitted by the appellants seeking a total compensation of Rs.50,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.19,04,400/- and the respondent was directed to deposit the same along with interest at the rate of 7% per annum from the date of petition till realization. This appeal is submitted challenging the same.

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Heard Sri.Anchal C Vijayan, learned counsel for the appellants and Sri.P.Muraleedharan, learned counsel for the respondent.

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The appellant and the respondent had filed a joint settlement memo to the effect that the matter has been settled between the parties and as per the settlement the respondent had agreed to deposit a further sum of Rs.8,32,000/- (Rupees eight lakhs thirty two thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant.

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MACA.No.1131/2022 3

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In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 29.01.2024, this appeal is disposed of modifying the award dated 28.01.2022 passed by the Motor Accidents Claims Tribunal, Punalur in O.P.(MV).No.290 of 2016, granting an additional amount of Rs.8,32,000/- (Rupees eight lakhs thirty two thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the respondent Insurance Company within a period of two months from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 8% per annum from the date of default. The joint settlement memo will form part of the judgment.

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It is further ordered that the claimants shall furnish the details of the PAN Card, AADHAR Card and Bank details to enable the Insurance Company to make the deposit as ordered above, within a period of one month from the date of receipt of a copy of this judgment. In case, they fail to furnish the said details, it shall be open for the Insurance Company to deposit the said amount before the Tribunal.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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DG/7.2.24

Padmakumary v. M/S. New India Assurance Co. Ltd.

Case brief

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Padmakumary v. M/S. New India Assurance Co. Ltd.

Case brief

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