Appeal against MACA award dismissed. Court approved settlement between parties and modified tribunal award to grant additional compensation upon deposit by respondent.
Modified Tribunal award to grant additional Rs.1,90,000/- inclusive of interest to be deposited by respondent; appeal dismissed subject to compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MACA.No.2272/18
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
MACA NO. 2272 OF 2018
AGAINST THE ORDER/JUDGMENT OPMV 987/2016 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOTTAYAM
APPELLANTS/PETITIONERS 1 TO 3 & ADDITIONAL PETITIONERS:
BY ADV.SRI.P.M.JOSHI
RESPONDENT/2ND RESPONDENT:
THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD.,
MACA.No.2272/18
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KOTTAYAM BRANCH, KOTTAYAM, PIN 686 001.
BY ADV.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.No.2272/18
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JUDGMENT
The appellants are the petitioners in O.P.(MV).No987 of 2016 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was submitted seeking compensation for the death of one Kamalakshy due to the injuries sustained to her in a motor accident that occurred on 21.12.2014. Claim petition was submitted by the appellants seeking a total compensation of Rs.6,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.2,74,000/- and the respondent was directed to deposit the same along with interest at the rate of 8% per annum from the date of petition till realization. This appeal is submitted challenging the same.
MACA.No.2272/18
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It is further ordered 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 a period of one month from the date of receipt of a copy of this judgment. In case, they fail 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
DG/7.2.24
K.K.Thankachan & Others
New India Assurance Co. Ltd.
Ziyad Rahman A.A
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
