Allowed

Sasidarakurup v. Divisional Manager

Kerala HC5 Mar 2024MACA/1396/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an appeal against an MCAT award after the parties entered into a settlement agreement. The court modified the original award to grant an additional compensation of Rs. 1,33,000/- inclusive of interest to the appellant, directing its deposit by the respondent within two months.

What did the court decide?

Additional compensation of Rs. 1,33,000/- inclusive of interest to be deposited by the respondent within two months; appellant to provide PAN, Aadhar, and bank details within one month.

Sasidarakurup Vs Divisional Manager — 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.

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TUESDAY, THE 5^TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945

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MACA NO. 1396 OF 2015

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AGAINST THE AWARD DATED 20.12.2014 IN OP(MV) NO.922 OF 2012 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM

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APPELLANT/PETITIONER:

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SASIDARAKURUP AGED 55 YEARS PARUTHIKAD, S/O.PARAMESWARAKURUP, PARUTHIKADU HOUSE FRENCHMUKKU BHAGAM, MALAKUNNAM P.O.,KURICHY VILLAGE, CHANGANACHERRY, KOTTAYAM DISTRICT.

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BY ADVS.

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SRI.P.M.JOSHI SMT.SIJI K.PAUL

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RESPONDENT/RESPONDENT:

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DIVISIONAL MANAGER ORIENTAL INSURANCE OFFICE COMPANY LTD.,KOTTAYAM BRANCH, KOTTAYAM - 686001.

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BY ADV SRI.P.JACOB MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A No. 1396 of 2015

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JUDGMENT

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This appeal is arising from an award passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(M.V) No.922/2012. The said claim petition was filed by appellant seeking compensation for the injuries sustained to him in a motor accident that occurred on 02.01.2012. The amount of compensation claimed by the appellant was Rs.3,00,000/- and the Tribunal awarded an amount of Rs.1,40,000/- as compensation along with interest at the rate of 8.5% per annum from the date of petition till realisation and with proportionate cost. Being dissatisfied with the quantum of compensation this appeal is submitted.

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2 . Heard, Sri. P.M. Joshi, the learned counsel appearing for the appellant and Sri.Jacob Mahtew, the learned counsel appearing for the respondent/Insurance Company.

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3 . The appellant as well as the respondent have filed a joint statement, indicating that the matter has been settled and as per the terms of settlement, the respondent had agreed to settle the claim of the appellant fully and finally by depositing a further sum of Rs.1,33,000/-, inclusive of interest.

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M.A.C.A No. 1396 of 2015

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In the light of the aforesaid settlement and joint statement, this appeal is disposed of, modifying the award dated 20.12.2014 in O.P.(M.V) No.922/2012 passed by the Motor Accidents Claims Tribunal, Kottayam, by granting an additional compensation of Rs. 1,33,000/-(Rupees one lakh thirty three 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 this judgment, failing which, the said amount will carry interest at the rate of 7% per annum from the date of default. The joint statement will form the part of this judgment. It is further ordered that, the claimant shall furnish the details of 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 receipt of a copy of this 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.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAI(ULAM.

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MACA NO. 1396 0F 2015

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SASIDHARAKURUP

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Appellant /s. THE ORIENTAL INSURANCE Respondent Co. Ltd

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. .. - -1h:^{aboveis an upp.utugrir,rr t} ;;-d=Em:iifi; in OP(MV) No 922/2012 of the Motor Accidents Claims tUunat. fonavam. The original claim is one under Section 166 of the v",". v"fr"f., e.i'riiis for injuries suffered by the appellant/claimant.

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The leamed Tribunal after finding negligence on the insured vehicle awarded a compensation of 1,40,000A. Ti'" .";p";;; ;;;;; urTla" luur" to pay the same with interest at 8.5olo an.l p.oporiionut" "ori^Olrruirfi"iirf, ,f," quantum the claimant is in appeal.

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^ The appellant/cl8imant and the respondent The Oriental Insurance C-ompany Ltd., had discussed the maflur aunng tt " ,.ttt'..# p"ri** fS_Of_ 2024 and lhe appellant has agreed lo receive Rs.l.jj.000/_ (Rupees One Lakh Thirty Three Thousand ontvi (hich i, ir.rrrir. "iir,."ri"iJioi',i,i, ,, addition to dre compensarion'ari.uay o*o.J uy';"" i;;;;i "#ii"jra rrur settlement ofall clajms in the appeal. Th. ,"rpora.rt irr.J", ugr.Ji,l a.pori, the above amount in the account of tJre appeilant.

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The appellant shall fumish the bank account particulars of the appellant within one month from the date of iudgmert rh..;r;;;j;;;;;r,.i.r"rr,'oiio"pori, the amount witfun one monrh fro; thi dare of receipr oi,rri "".1irrn,.rr, In case the insurer fail to deposit rrre amount .h-; ;;;i;'i#';"r", particular. s as stip.tated above the amoun, ;i;rit;"r,y t;ilr;I'r")i ofdefault. "il,J.. 0",.

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Dated this the l9th . day of,lanuary ,2024 at Emakulam.

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u9/'--d'\ APPELLANT:+ -c,q",{,.ssl.fgt J&. 4lp-p-Uq$,.._

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Fotfhe Aie'. rre Co. [td,
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ssyrsrt"rrti6g!-qfti lwru* ('

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PM, JOSIN . Adwcar, RollNo.{r5{il99l High Coun of Kerala(J - 4l],)

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Kirsn Lfiv Cltrmh6 St Francis Churh Rosd Krlmr Xahi. 17, Moh 9447m.2i66

Sasidarakurup v. Divisional Manager

Case brief

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Sasidarakurup v. Divisional Manager

Case brief

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