Disposed

Shaju Jose @ Shaju T.J v. Martin

Kerala HC27 Feb 2024MACA/1383/2018

Case brief

AI extract

What is this about?

Motor accident claimant appealed for enhancement of compensation awarded by the MACT, Irinjalakuda. Based on a joint settlement statement, the court modified the award by granting an additional Rs. 2,59,000 inclusive of interest and costs, payable by the insurer within two months.

What did the court decide?

Additional compensation of Rs. 2,59,000 inclusive of interest and costs granted; award modified accordingly.

Shaju Jose @ Shaju T.J Vs Martin — Motor Accident Claims | Kerala HC (2024)

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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.
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945

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MACA NO. 1383 OF 2018

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OPMV NO.459 OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,

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IRINJALAKUDA

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APPELLANT/PETITIONER:

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SHAJU JOSE @ SHAJU T.J
AGED 43 YEARS, S/O. JOSE, THAZHUNGA HOUSE,
RESIDING AT PARIYARAM DESOM & VILLAGE, PARIYARAM
P.O., CHALAKUDY TALUK, THRISSUR DISTRICT.
BY ADVS.
DR.GEORGE ABRAHAM
SRI.EBIN GOPURAN
SRI.JOSEPH GOPURAN

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RESPONDENTS/RESPONDENTS:

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1MARTIN
PROPRIETOR, UKKANS PAINTS COLOURS, 489/XX,
ANAMALA JUNCTION, CHALAKUDY-680307, OWNER:KL-45/E
8869 LMV GOODS CARRIAGE.

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2 BIJU S/O. JOSE, KARAYAMPARAMBIL HOUSE, VELLANCHIRA P.O.-680647.DRIVER:KL-45/E 8869 LMV GOODS CARRIAGE.

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3 ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. OPP. MAHARAJA'S GROUND, COCHIN-682011,INSURER:KL45/E 8869 LMV GOODS CARRIAGE. BY ADV jacob mathew p

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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M.A.C.A. No.1383/2018

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: 2 :

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JUDGMENT

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The appellant is the petitioner in OP(MV) No.459/2015 on the files of the Motor Accident Claims Tribunal, Irinjalakuda.

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The aforesaid claim petition was filed by the petitioner seeking compensation for the injuries sustained to him in a motor accident that occurred on 11.02.2015. The total amount claimed by the petitioner as compensation was 3 lakhs and the tribunal passed an award by allowing a total compensation of 3,12,655/- and the 3^rd respondent Insurance Company was directed to deposit the said amount along with interest at the rate of 8% per annum from the date of petition till realisation with proportionate costs. This appeal is submitted in such circumstances seeking enhancement of compensation.

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Heard Sri. Joseph Gopuram, the learned counsel

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appearing for the appellant and Sri. P. Jacob Mathew, the learned counsel appearing for the 3^rd respondent-Insurance Company.

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M.A.C.A. No.1383/2018

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: 3 :

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The parties have filed a joint statement, wherein it is mentioned that, the 3^rd respondent Insurance Company had agreed to settle the claim of the appellant fully and finally by granting an additional amount of `2,59,000/- inclusive of interest and costs.

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In the light of the aforesaid joint statement, the award

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passed by the Motor Accident Claims Tribunal, Irinjalakuda in OP(MV) No.459/2015 is modified, by granting an additional amount of `2,59,000/- (Rupees two lakhs fifty nine thousand only) inclusive of interest and costs, which shall be deposited by the 3^rd respondent - Insurance Company within a period of two months from the date of receipt of a copy of this judgment and in case of default in making the deposit as above, the said amount shall be recoverable from the 3^rd respondent Insurance Company with interest at the rate of 8% from the date of default.

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It is further ordered that the claimant shall furnish the details of the PAN card, Aadhar card and bank details to enable the 3^rd respondent to make the deposit as ordered above, within a period of one month from the date of receipt of a copy of this

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M.A.C.A. No.1383/2018

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: 4 :

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judgment. In case, he fails 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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The joint statement shall form part of this judgment.

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Sd/ZIYAD RAHMAN A.A. JUDGE

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ncd

Shaju Jose @ Shaju T.J v. Martin

Case brief

What is this about?

What did the court decide?

Shaju Jose @ Shaju T.J v. Martin

Case brief

What is this about?

What did the court decide?

What the court decided

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