Disposed

Dhanushya (Minor) v. the Divisional Manager

Kerala HC16 Feb 2024MACA/1132/2019

Case brief

AI extract

What is this about?

The High Court disposed of a Motor Accidents Claims Appeal upon a joint settlement between parties. The court modified the Tribunal's award by ordering the respondent to deposit an additional Rs. 30,000/- inclusive of interest within two months.

What did the court decide?

Modified the Tribunal award by directing the respondent to deposit an additional Rs. 30,000/- inclusive of interest within two months.

Dhanushya (Minor) Vs the Divisional Manager — Motor Accident Claims | Kerala HC (2024)

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MACA.No.1132/2019

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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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FRIDAY, THE 16^TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945

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MACA NO. 1132 OF 2019

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AGAINST THE ORDER/JUDGMENT OPMV 1821/2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM

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APPELLANT/PETITIONER:

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DHANUSHYA (MINOR), AGED 13 YEARS, (DOB-06-06-2005), REPRESENTED BY HER FATHER AND NEXT FRIEND, MURUGHAN, S/O.PUKALUM, PERUMAL THEVAR, MATTATHIL @ MATTAKKARA, KUZHIMATTOM P.O.KOTTAYAM.

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BY ADVS. P.M.JOSHI SMT.SIJI K.PAUL

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RESPONDENT/3RD RESPONDENT:

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THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO.LTD, KOTTAYAM-1,

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BY ADV RAJAN P.KALIYATH

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.1132/2019

JUDGMENT

The appellant is the petitioner in O.P.(MV).No.1821 of 2015 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was submitted seeking compensation for the injuries sustained to her in a motor accident that occurred on 30.09.2015. Claim petition was submitted by her seeking a total compensation of Rs.1,50,000/-. The Tribunal passed an award allowing a total compensation of Rs.59,134/- and the respondent was directed to deposit the same along with interest at the rate of 9% per annum from the date of petition till the end of December, 2016 and thereafter, 7% per annum till realization. This appeal is submitted challenging the same.

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Heard Sri.P.M.Joshi, learned counsel for the appellant and Sri.Rajan P.Kaliyath, 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.30,000/- (Rupees thirty

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MACA.No.1132/2019

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thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant.

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In the light of the aforesaid settlement, as evidenced

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by the joint settlement memo dated 25.01.2024, this appeal is disposed of modifying the award dated 27.11.2018 passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.1821 of 2015 by granting an additional amount of Rs.30,000/- (Rupees thirty 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 7% 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

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MACA.No.1132/2019

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details, it shall be open for the Insurance Company to deposit the same amount before the Tribunal.

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Sd/-

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ZIYAD RAHMAN A.A.

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JUDGE

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DG/16.2.24

Dhanushya (Minor) v. the Divisional Manager

Case brief

What is this about?

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Dhanushya (Minor) v. the Divisional Manager

Case brief

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