Disposed

Sathi Amma Pillai v. the Managing Director

Kerala HC6 Feb 2024MACA/154/2017

Case brief

AI extract

What is this about?

The appeals arising from a Motor Accident Claims Tribunal award seeking death compensation was dismissed pending settlement. On a joint statement confirming payment of additional compensation by the insurer, the court disposed of the appeals by ordering the respondent to deposit an additional Rs. 4,90,000 overlapping the original award.

What did the court decide?

Additional amount of Rs. 4,90,000 inclusive of interest and cost to be deposited by the 3rd respondent within two months.

Sathi Amma Pillai Vs the Managing Director — 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 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945

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MACA NO.154 OF 2017

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AGAINST THE AWARD DATED 07.11.2016 IN O.P.(MV)NO.275/2014 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, PUNALUR

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APPELLANTS/PETITIONERS:

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1SATHI AMMA PILLAI
W/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.

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2ARIYA KARUN
D/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.

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3ASHA KARUN
D/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE,
KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.

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4 *[ABHISHEK KARUN (MINOR) S/O.KARUNAKARAN PILLAI, KARUN NIVAS, K.J.ESTATE, KARAVALOOR P.O., PUNALUR, KOLLAM DISTRICT.]

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*(THE 4TH APPELLANT IS DECLARED AS MAJOR AS PER ORDER
DATED 06/02/2024 IN IA 1/2024 IN MACA 154/2017)

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BY ADVS.
SRI.ANCHAL C.VIJAYAN
SMT.S.R.REMYA

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RESPONDENTS/RESPONDENTS:

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1THE MANAGING DIRECTOR
K.S.R.T.C., TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM, PIN-695023.

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2 NISSAR A. THURAYIL VEEDU, PUNNAPARA, ALAPPUZHA DISTRICT, PIN-688004.

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3THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE,
THIRUVANANTHAPURAM, PIN-695001.

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MACA NO.154 OF 2017

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BY ADVS.
SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT
CORPN.
SRI.THOMAS MATHEW NELLIMOOTTIL FOR R3
ALEX ANTONY SEBASTIAN P.A. FOR R1

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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MACA NO.154 OF 2017

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JUDGMENT

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This appeal arises from Award dated 07.11.2016 in O.P.

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(M.V.) No.275/2014 on the file of Motor Accident Claims Tribunal, Punalur. The said claim petition was filed by the appellants seeking compensation for the death of one Karunakaran Pillai due to the injuries sustained to him in the motor accident that occurred on 03.02.2014. Even though the appellants claimed an amount of Rs.10,00,000/- as the compensation, the Tribunal awarded an amount of Rs.6,65,000/- and the 3^rd respondent Insurance Company was directed to deposit the said amount along with interest @ 9% per annum from the date of petition till the date of payment with proportionate cost. This appeal is submitted by the appellants being dissatisfied with the quantum of compensation.

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Heard Sri.Anchal C. Vijayan, learned counsel for the appellants, Sri.Alex Antony Sebastian, learned counsel appearing for the 1^st respondent and Sri.Thomas Mathew Nellimoottil, learned counsel appearing for the 3^rd respondent.

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Today, when the matter came up for consideration, the

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MACA NO.154 OF 2017

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appellants and the 3^rd respondent filed a joint statement, as per which it was conveyed that the claim of the appellants was settled by the 3^rd respondent by agreeing to pay an amount of Rs.4,90,000/- inclusive of interest and cost in addition to the amount already awarded by the Tribunal.

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In the light of the aforesaid joint statement, this appeal is disposed of modifying the award referred to above by granting an additional amount of Rs.4,90,000/- (Rupees four lakhs and ninety thousand only) inclusive of interest and cost to the appellants and the 3^rd respondent is directed to deposit the said amount within a period of two months from the date of receipt of a copy of the judgment. In case of any failure in making the said deposit, it shall be open for the appellants to recover the said amount from the 3^rd respondent with interest @ 8% per annum from the date of default. The joint statement shall form part of the judgment. It is further clarified that the claimant 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 period of one month from the date of receipt of a copy

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MACA NO.154 OF 2017

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of this judgment. In case, they fail to furnish the said details, it

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shall be open for the insurance company to deposit the same

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amount before the Tribunal.

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Sd/-
ZIYAD RAHMAN A.A.
JUDGE

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scs

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MACA NO.154 OF 2017

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APPENDIX OF MACA 154/2017

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PETITIONER ANNEXURES

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ANNEXURE ATRUE COPY OF THE BIRTH CERTIFICATE NO
1967/06 ISSUED FROM THE REGISTRAR OF
BIRTHS AND DEATHS PUNALUR MUNICIPALITY

Sathi Amma Pillai v. the Managing Director

Case brief

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Sathi Amma Pillai v. the Managing Director

Case brief

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