Partly allowed

Mohammed Najeem v. Saji.P.R.

Kerala HC13 Mar 2024MACA/3706/2021

Case brief

AI extract

What is this about?

The appellant filed a motor accident claims appeal seeking enhancement of compensation. The court modified the tribunal's award based on a joint settlement memo agreed by parties, granting additional compensation of Rs.6,45,000 inclusive of interest.

What did the court decide?

Additional compensation of Rs.6,45,000 inclusive of interest and costs granted by modifying the existing award. Insurance company to deposit amount within two months upon receipt of bank details.

Mohammed Najeem Vs Saji.P.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 MR.JUSTICE ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 13^TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

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MACA NO. 3706 OF 2021

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OPMV NO.1833 OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL

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,KOTTAYAM

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APPELLANT/PETITIONER:

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MOHAMMED NAJEEM, AGED 46 YEARS, S/O.ALIKUNJU, RESIDING AT VAZHACHIRYIL HOUSE, MANNANCHERRY P.O., ALAPPUZHA, NOW RESIDING AT KADEPPARAMBIL, KUMMANAM, KOTTAYAM DISTRICT, PIN - 686 005. BY ADV K.A.HASHIM

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RESPONDENTS/RESPONDENTS:

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1 SAJI P.R., S/O.RAMANKUTTY, PADINJAREKARI, NAZARATH HILLS, KALATHOOR P.O., KURAVILANGADU, KOTTAYAM, PIN - 686 633.

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2 SUNNY ABRAHAM, S/O.ABRAHAM, THOTTICHIRAYIL PRIYADARSINI HOUSE, VAIKOM P.O., KOTTAYAM, PIN - 686 141.

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3 THE UNITED INDIA INSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, PALA, PIN - 686 575.

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4 NEW INDIA ASSURANCE COMPANY LIMITED REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, PALA, PIN - 686 575. BY ADV K.S.SANTHI

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A. No.3706/2021

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: 2 :

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JUDGMENT

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The appellant is the petitioner in OP(MV) No.1833/2015 on the files of the Motor Accidents Claims Tribunal, Kottayam.

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The aforesaid claim petition was filed by the petitioner

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seeking compensation for the injuries sustained to him in a motor accident that occurred on 06.08.2015. The total amount claimed by the petitioner as compensation was Rs.52 lakhs and the tribunal passed an award by allowing a total compensation of Rs.13,48,910/- and the 4^th respondent Insurance Company was directed to deposit the said amount along with interest at the rate of 9% per annum from the date of petition till realisation with proportionate costs. This appeal is submitted in such circumstances seeking enhancement of compensation.

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Heard Sri. K.A. Hashim, the learned counsel appearing for the appellant and Smt. K.S. Santhi, the learned counsel appearing for the 4^th respondent-Insurance Company.

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Today, when the matter came up for consideration, a

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M.A.C.A. No.3706/2021

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: 3 :

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joint statement memo signed by the appellant and the 4^th respondent to whom the liability has been imposed by the tribunal, was filed, as per which the matter was agreed to be settled between the parties, by granting an additional compensation of Rs.6,45,000/- inclusive of interest towards full and final settlement of the claim.

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In the light of the aforesaid joint statement, the award

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passed by the Motor Accident Claims Tribunal, Kottayam in OP(MV) No.1833/2015 is modified, by granting an additional amount of Rs.6,45,000/- (Rupees six lakhs forty five thousand only) inclusive of interest and costs, which shall be deposited by the 4^th respondent-Insurance Company within a period of two months from the date of receipt of a copy of this judgment and in case of default in making the deposit as above, the said amount shall be recoverable from the 4^th respondent Insurance Company with interest at the rate of 9% from the date of default.

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It is further ordered that the claimant shall furnish the

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details of the PAN card, Aadhar card and bank details to enable the respondent to make the deposit as ordered above, within a

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M.A.C.A. No.3706/2021

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: 4 :

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period of one month from the date of 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.

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The joint statement shall form part of this judgment.

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Sd/ZIYAD RAHMAN A.A. JUDGE

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ncd

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BEF THE HON HIGH COU OF KER AT ERN	ORE 'BLE RT ALA AKULAM MACA N0.3706/2021 Appellant/petitioner Mohammed Najeem Vs Respondents/Responde Saji P.R & OtherS JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE MOTOR ACCIDENTS CLAIMS APPEAL S TTLING THE APPEAL The above appeal is against award in OP MV. No.1833/20 dated. 13/02/202 of the motor Accident Claims Tribunal, kottayam The original claims is one U/S 166 of the Motor Vehicle Act for the injurie sustai by the appel in the motor vehi acci occ on 6/0	nts 15 0 . s s ned lant cle dent urred 8/2015. The learned tribunal after finding negligence on the insured vehicle awarded a compens of Rs:13,90 with 9% interest and proporti cost from the 4th respon insura Comp Dissat with the quan the claim isn app	ation ,60/- onate dent nce any. isfied tum ant eal. The appellant and the 4h respondent New India Assurance Company had Rs.6,45,000/-(rupees six lakh forty five thousand only)including interest in discussed the matter on 20/02/2024. The appellant has agreed to receive addition to the compensation already award by the Tribunal as full and final settlement of the all claims in the ERNAKVLANRO The New lndia Assurance Company Ltd. For and on Behalf of: - The appellant shall furnish the bank account particulars of the appellant within amount within Ale Date this 21th day of tebruary 2024 at Ernakulam Respondetonstituted Attorney (s) Counsel for the respondent appefye Counsel for the appeal. The respondent insurer has agreed to deposit the above amount in the account ofappellant. dia one month fr m the date of the receipt ofthe account particulas one month fromn the date of the judgment.The respondent shall deposit the particulars of the account particulars as stipulated above the amount shall car Incase the insurer fail to deposit the amount after receiving the account interest as 9% after the date of default.

HIGH

HON'BLE

THE

BEFORE

Mohammed Najeem v. Saji.P.R.

Case brief

What is this about?

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Mohammed Najeem v. Saji.P.R.

Case brief

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