Partly allowed

Ajeesh Chandran v. the United India Insurance Company Limited

Kerala HC23 May 2024MACA/213/2021

Case brief

AI extract

What is this about?

In a motor accident appeal where parties filed a joint spiritual statement settling the claim, the High Court modified the tribunal award by directing the insurer to deposit an additional one lakh rupees as settlement amount with interest if not paid within two months.

What did the court decide?

Directed the respondent insurer to deposit Rs.1,00,000/- including interest in the appellant's account within two months of the judgment.

Ajeesh Chandran Vs the United India Insurance Company… — 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

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THURSDAY, THE 23^RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946

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MACA NO. 213 OF 2021

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OPMV NO.844 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM

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APPELLANT/PETITIONER:

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AJEESH CHANDRAN AGED 30 YEARS S/O. CHANDRASEKHARA PILLAI, AGED 30 YEARS, SANTHIBHAVAN, KUNNAMTHANAM, MANTHANAM P.O, MALLAPPALLY, PIN CODE-689 581.

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BY ADVS. MATHEWS K.PHILIP SMT.T.MANASY SMT.MINISHA K DAS

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RESPONDENT/3RD RESPONDENT:

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THE UNITED INDIA INSURANCE COMPANY LIMITED KOTTAYAM, REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM, PINCODE-686 601

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BY ADV SRI.S.K.AJAYAKUMAR

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OTHER PRESENT:

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SRI. P.K. MANOJKUMAR -SC

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 213 OF 2021

JUDGMENT

The appellant is the claimant in OP(MV) No.844 of 2017 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was filed by the appellant claiming an amount of Rs.10,00,000/- as compensation for the injuries sustained by him in a motor accident occurred on 03.02.2017. The tribunal awarded an amount of Rs.5,92,790/- as compensation under different heads, directing the 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., 22.06.2017, 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,

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the learned counsel for the appellant as well as the learned Standing Counsel for the respondent insurer submitted that they have filed a joint statement dated 12.04.2024, wherein it is stated that the claim of the appellant has been settled by

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MACA NO. 213 OF 2021

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the respondent insurer, agreeing to deposit a further amount of Rs.1,00,000/- 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, failing which, the said amount will carry interest at the rate of 9% per annum from the date of default.

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In the light of the joint statement filed by the parties, the impugned award is modified by directing the respondent insurer to deposit an amount of Rs.1,00,000/(Rupees one lakh 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, 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 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

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MACA NO. 213 OF 2021

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company to deposit the said amount before the tribunal.

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The appeal is disposed of, in terms of the joint statement

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as above. The joint statement will form part of the judgment.

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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bka/-

Ajeesh Chandran v. the United India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Ajeesh Chandran v. the United India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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