Partly allowed

Raju V.C. v. the Divisional Manager

Kerala HC14 Feb 2024MACA/2112/2018

Case brief

AI extract

What is this about?

This appeal regarding quantum of compensation in a motor accident claim arising from death of Sarath Raju was disposed of after the parties filed a joint statement agreeing to settle the claim for an additional Rs.5,25,000/- inclusive of interest.

What did the court decide?

The Tribunal award was modified to grant additional Rs.5,25,0,000/- inclusive of interest to the appellants on deposit by the respondent within two months.

Raju V.C. Vs the 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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WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945

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MACA NO. 2112 OF 2018

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AGAINST THE AWARD DATED 22.02.2018 IN OP(MV) 746/2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM

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APPELLANTS/ADDITIONAL PETITIONERS:

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1RAJU V.C.
AGED 55 YEARS, S/O.CHELLAPPAN, VANIYAPURACKAL HOUSE,
VEROOR P.O., CHETHIPUZHA VILLAGE, KOTTAYAM.

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2 SAKUNTHALA RAJU AGED 50 YEARS, VANIYAPURACKAL HOUSE, VEROOR P.O., CHETHIPUZHA VILLAGE, KOTTAYAM.

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3RAHUL RAJU
AGED 29 YEARS, S/O.RAJU, VANIYAPURACKAL HOUSE,
VEROOR P.O., CHETHIPUZHA VILLAGE, KOTTAYAM.

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4KANNAN RAJU
AGED 24 YEARS, S/O.RAJU, VANIYAPURACKAL HOUSE,
VEROOR P.O., CHETHIPUZHA VILLAGE, KOTTAYAM.
BY ADVS.
SRI.P.M.JOSHI
SMT.SIJI K.PAUL

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RESPONDENT/3RD RESPONDENT:

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THE DIVISIONAL MANAGER
THE NEW INDIA ASSURANCE CO. LTD., KOTTAYAM – 1

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BY ADV RAJAN P.KALIYATH

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 14.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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MACA NO. 2112 OF 2018

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2

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JUDGMENT

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This appeal arises from Award dated 22.02.2018 in O.P. (M.V.) No.746/2016 on the file of Motor Accident Claims Tribunal, Kottayam. The said claim petition was filed by the appellants seeking compensation for the death of one Sarath Raju due to the injuries sustained to him in the motor accident that occurred on 12.10.2015. Even though the appellants claimed an amount of Rs.50,00,000/- as the compensation, the Tribunal awarded an amount of Rs.31,93,850/- and the respondent Insurance Company was directed to deposit the said amount along with interest @ 8% per annum from the date of petition till realisation with proportionate costs. This appeal is submitted by the appellants being dissatisfied with the quantum of compensation.

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Heard Sri.P.M. Joshi, learned counsel for the appellants

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and Sri.Rajan P. Kaliyath, learned counsel appearing for the respondent.

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Today, when the matter came up for consideration, the appellants and the respondent filed a joint statement, as per which it

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MACA NO. 2112 OF 2018

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3

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was conveyed that the claim of the appellants was settled by the respondent by agreeing to pay an amount of Rs.5,25,000/- inclusive of interest 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.5,25,000/- (Rupees five lakh and twenty five thousand only) inclusive of interest to the appellants and the 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 respondent with interest @ 7% per annum from the date of default. The joint statement shall form part of the judgment. It is further clarified that the claimants 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 of this judgment. In case, they fail to furnish the

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MACA NO. 2112 OF 2018

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4

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said details, it shall be open for the insurance company to deposit

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the same amount before the Tribunal.

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Sd/-
ZIYAD RAHMAN A.A.
JUDGE

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scs

Raju V.C. v. the Divisional Manager

Case brief

What is this about?

What did the court decide?

Raju V.C. v. the Divisional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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