Disposed

Abdul Basheer v. United India Insurance Co. Ltd.

Kerala HC21 Feb 2024MACA/2000/2018

Case brief

AI extract

What is this about?

The Appellant challenged the Motor Accidents Claims Tribunal award for low compensation. Both parties filed a joint statement settling the claim for an additional Rs. 60,000/- inclusive of interest. The Court modified the Tribunal's award to reflect this settlement amount.

What did the court decide?

Modified Tribunal award; directed respondent to pay additional compensation of Rs. 60,000/- inclusive of interest within two months.

Abdul Basheer Vs United India Insurance Co. Ltd. — 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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WEDNESDAY, THE 21^ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945

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MACA NO. 2000 OF 2018

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AGAINST THE AWARD DATED 25.09.2017 IN OP(MV) NO.906 OF 2015 ON THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL TIRUR

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APPELLANT/PETITIONER:

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ABDUL BASHEER S/O. ABDUL SALAM, AGED 29 YEARS, PULLATTIL (H),KOTTANTHALA, PARAPPANGADI, TIRURANGANDI TALUK, PIN 676 303MALAPPURAM DT

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BY ADV SRI.N.V.P.RAFEEQUE

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RESPONDENT/RESPONDENT:

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UNITED INDIA INSURANCE CO. LTD KP 111/1093,CITY CENTRE, BYPASS ROAD, KONDOTTY, MALAPPURAM T PIN 673 638.

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BY ADV N.S.MOHAMMED USMAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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M.A.C.A No. 2000 of 2018

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JUDGMENT

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This appeal is arising from an award passed by the Motor Accidents Claims Tribunal, Tirur in O.P.(M.V) No. 906/2015. The said claim petition was filed by appellan t seeking compensation for the injuries sustained in a motor accident that occurred on 10.09.2015. The amount of compensation claimed by the appellant was Rs.3,00,000/-. The Tribunal awarded an amount of Rs.11,400/- as compensation and the respondent/Insurance Company was directed to deposit the said amount along with interest at the rate of 7% per annum from the date of petition till realisation and with cost. Being dissatisfied with the quantum of compensation this appeal is submitted.

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2 . Heard, Sri. N.V.P. Rafeeque, the learned counsel appearing for the appellant and Sri. N.S.Mohammed Usman, 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.60,000/-, inclusive of interest.

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M.A.C.A No. 2000 of 2018

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In the light of the aforesaid settlement and joint statement, this appeal is disposed of, modifying the award dated 25.09.2017 in O.P.(M.V) No.906/2015 passed by the Motor Accidents Claims Tribunal, Tirur, by granting an additional compensation of Rs. 60,000/-(Rupees sixty 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 9% 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

tsEFORE THE HON'BLE HIGH COURT - tr KERALA AT ERNAKULAIVI

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M.A.C.A. hb. 2000 of Z01B

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ABDUL BASHEER: Appeilont/peiitioner

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Vs.

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UNITED INDIA TNSURANCE co. irD: Respondent/Respondent No:3

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N.V.P RAFEEQUE (R- lslS)

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Advocote

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Counsel for the Appellant

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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM NT.A.C.A 2000 of2018 APPELLANT /PETITIONER ABDUL BASHEER s/o ABDUL SALAM AGED 34 YEARS PULLATilL (H) KOTTANTHALA PARAPPANAGADI TIRURANGADI TALUK PIN:676303 MALAPPURAM DT RESPONDENT/ RESPOND ENT NO,3 UNITED INDIA INSURANCE COMPANY LTD KP1,11/1.093, ctTY CENTRE BYPASS ROAD KON DOTI'Y MALAPPURAM T PIN: 673638

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JOINT STATEMENT FILED BY THE APPELLANT AND THE 3Td RESPONDNET INSURANCE COMPANY

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The above appeal filed by the appellant for enhancement of compensation in a motor vehicle accident case. The appellant is the claimants in O.P. (M.V.) No: 906 of 2015 on the file of MACT,Tirur.

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The incident in the above case happened on lol0g/2}15 and the appellant sustained serious injury

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3-The appellant and the insurance company have negotiated the matter outside the court and arrived into a compromise settlement in full and final setflement of all claims of the appellants. lt is agreed that the respondent insurance company shall pay an

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FoT UNIED INDIA INSURAI{OE cO. LTQ

DSou c qrxttew

Atrthorised

additional amount of Rs.G0,0001- ( Rs. Rs. 60,0001- is including the i

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Sixty Thousand Only ). The said amount of

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4.The respondent lnsurance company agrees to deposit the above said amount before the Tribunal within a period of r:cnths from the date of receipt of copy of the Judgment. ln case of default of within two months as stated above the respondent insurance company is to pay the interest @ 9a/o from the date of default.

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There is no threat or coercion or undue influence arriving in the above setlement. The settlement will form part of the Judgment of this Hon,ble court

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this the 24th day of August, 2OZJ

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44 Ft dboLq

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afu^{t &v Nuf Ra+"yL}

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FOT UNITED INDIA INSURANOE co. LTD, AUthorised gnatory NT COUNSEL FOR THE 3'd ,r,bq*\ N '!'^{v</sup>

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COUNSELFOR THE APPELLANT

Abdul Basheer v. United India Insurance Co. Ltd.

Case brief

What is this about?

What did the court decide?

Abdul Basheer v. United India Insurance Co. Ltd.

Case brief

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