Disposed

Thankamma v. Vinayak R.

Kerala HC25 Jul 2024MACA/1692/2023

Case brief

AI extract

What is this about?

Appeal by an accident claimant seeking enhancement of Tribunal-awarded compensation. On a joint statement, the insurer agreed to pay Rs.1,10,000 additional compensation; the High Court modified the award accordingly and disposed of the appeal.

What did the court decide?

Insurer directed to deposit Rs.1,10,000 including interest as additional compensation within two months, else 9% interest on default.

Thankamma Vs Vinayak R. — 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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946
MACA NO. 1692 OF 2023

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AGAINST THE AWARD DATED 19.01.2023 IN OPMV NO.1583 OF 2020 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM

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APPELLANT/PETITIONER:

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THANKAMMA
AGED 50 YEARS
W/O P.A.SUGUNAN, POTTAKKAL HOUSE,
PULIKKAMYALI P.O., PAINGARAPPALLY,
ERNAKULAM DISTRICT., PIN - 682313
BY ADVS.
MATHEWS K.PHILIP
T.MANASY
MINISHA K DAS

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RESPONDENTS/RESPONDENTS:

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1 VINAYAK R. S/O RAVEENDRAN, SANTHI BHAVANAM, NECHOOR KARA, MANEED VILLAGE ERNAKULAM DISTRICT., PIN - 686664

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2 RATHEESAN R. SANTHI BHAVANAM, NECHOOR KARA, MANEED VILLAGE ERNAKULAM DISTRICT., PIN - 686664

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3 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED JOSE TRUST BUILDING, CHITTOOR ROAD, ERNAKULAM, PIN - 682031 BY ADV REMA R SRI.P.K.MANOJ KUMAR SC FOR R3

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 25.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 1692 OF 2023

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JUDGMENT Dated this the 25^th day of July, 2024

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The appellant is the claimant in O.P.(MV) No.1583 of 2020 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The said claim petition was filed by the appellant claiming an amount of Rs.6,50,000/-, as compensation for the injuries sustained by her in a motor accident on 25.06.2020. The Tribunal awarded an amount of Rs.2,79,254/- as compensation under different heads, directing the third respondent insurer to deposit the said amount along with interest at the rate of 8% per annum from the date of filing the claim petition i.e, 12.10.2020, till realization. Being dissatisfied with the compensation awarded, the appellant has come up in appeal.

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Today, when the matter came up for consideration, the learned Counsel for the appellant as well as the learned Standing Counsel for the third respondent insurer submitted that they have filed a joint statement dated 19.06.2024, wherein it is stated that the claim of the appellant has been settled by the third respondent insurer, agreeing to deposit a

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MACA NO. 1692 OF 2023

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3

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further amount of Rs.1,10,000/- (Rupees One Lakh Ten Thousand Only) including interest as additional compensation in the account of the appellant, within a period of two months from the date of receipt of a copy of this judgment .

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In the light of the joint statement filed by the parties, the impugned award is modified by directing the third respondent insurer to deposit an amount of Rs.1,10,000/(Rupees One Lakh Ten Thousand Only) including interest as additional compensation before the Tribunal, 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 9% per annum from the date of default. The claimant shall furnish copies of the PAN Card, ADHAAR Card and bank details before the third respondent insurer within a period of one month from the date of receipt of a certified copy of this judgment so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the Tribunal.

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MACA NO. 1692 OF 2023

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The appeal is disposed of, in terms of the joint statement as above. The joint statement will form part of the judgment.

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Sd/-

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SHOBA ANNAMMA EAPEN

JUDGE

`J,``

BEFORE TrH HONouRABLE HiGH cOuRT OF KERALA AT ERNAKULAM

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MACA No. 1692 / 2023

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Thankamma

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: Appellant"etitioner

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Vsl

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Vinayak R. & others : Respondents/ 3rd Respondent

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JOINT STATEMENT FILED BY THE APPELLANT AND THE 3'.d RESPONDELNT.

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The above appeal is filed fi.om the judgment in O.P. (MV) No. 1583/2020 on the file Motor Accidents Claims Tribunal Emakulam. The court below passed the a^Jfird for an amount of Rs.2,79,254/with interest and costs.

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Being aggrieved by the award, the claimant has filed this appeal before this court for enhancement of the compensation. During the pendency of the case, the matter has been settled between the appellant and the 3rd Respondent with the insurer of the offending vehicle. The 3rd respondent insurer agreed to pay a further amount of Rs.I,10,000/- including interest as additional compensation in the above appeal.

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Appellant: Thankamma

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For UNITED INDIA INSURANCE CO. LTD Ntwtwir#Zny ndent United nce Company

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The 3rd respondent hereby agrees to transfer the above amount of Rs.1,10,000/-(Rupees One Lakh Ten Thousand only) to the account of the appellant and the 3rd respondent within a period of two months from the date of receipt of the copy of the judgment from the Honourable High Court of Kerala, failing which the said amount will cany interest at 9°/o from the date of default.

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There is no threat, collusion, coercion or undue influence in arriving at the above settlement. There is no mistake in arriving at this settlement either.

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Datedthisthe 19th dayof June, 2024.

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•.:fu±.t,j'.:-.

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Appellant, Thankamma

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3rd Respondent: United India Insurance Company

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For UNITED INDIA INSURANCE CO. L.TD

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Authort8edirz

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t-.:%ruli!.1..-.

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Advocate : Mathews K. Philip Counsel for the appellant

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counse[f#T#dent

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Advocate : R. Rema

Thankamma v. Vinayak R.

Case brief

What is this about?

What did the court decide?

Thankamma v. Vinayak R.

Case brief

What is this about?

What did the court decide?

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