Partly allowed

Nandanan K.N v. the Divisional Manager

Kerala HC13 Mar 2024MACA/3981/2017

Case brief

AI extract

What is this about?

Motor accident claims appeal seeking enhancement of compensation for injuries sustained in a 2013 road accident, where the tribunal had awarded Rs.5,40,300. Based on a joint compromise statement, the court modified the award by granting an additional Rs.4,00,000 inclusive of interest and costs, to be deposited within two months.

What did the court decide?

Additional Rs.4,00,000 inclusive of interest and costs awarded over the tribunal award; deposit directed within two months.

Nandanan K.N 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. WEDNESDAY, THE 13^TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

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MACA NO. 3981 OF 2017

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OPMV NO.1279 OF 2013 OF ADDITIONAL MOTOR ACCIDENT CLAIMS

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TRIBUNAL-III, PATHANAMTHITTA

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APPELLANT/PETITIONER:

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NANDANAN K.N., S/O.NEELAMBARAN, ANEESH

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BHAVANAM,CHOORAKODU P.O., ADOOR. BY ADV SRI.A.N.SANTHOSH

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RESPONDENT/3RD RESPONDENT:

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*THE DIVISIONAL MANAGER (CORRECTED) ORIENTAL INSURANCE COMPANY LTD.,KIZHAKKEDAM BUILDING, PATHANAMTHITTA-689546.

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THE RESPONDENT NAME IS CORRECTED AS

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THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD., KIZHAKKEDAM BUILDING, PATHANAMTHITTA-689546

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AS PER ORDER DATED 13.03.2024 IN IA NO.1/2024 IN MACA NO.3981/2017.

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BY ADV SMT.S.JAYASREE

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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.3981/2017

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: 2 :

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JUDGMENT

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The appellant is the petitioner in OP(MV) No.1279/2013 on the files of the Additional Motor Accidents Claims Tribunal-III, Pathanamthitta.

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The aforesaid claim petition was filed by the petitioner seeking compensation for the injuries sustained to him in a motor accident that occurred on 10.10.2013. The total amount claimed by the petitioner as compensation was Rs.10 lakhs and the tribunal passed an award by allowing a total compensation of Rs.5,40,300/- and the 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. A.N. Santhosh, the learned counsel appearing for the appellant and Smt. S. Jayasree, the learned counsel appearing for the respondent-Insurance Company.

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M.A.C.A. No.3981/2017

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: 3 :

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The parties have filed a joint statement, wherein it is mentioned that, the respondent Insurance Company had agreed to settle the claim of the appellant fully and finally by granting an additional amount of Rs.4 lakhs inclusive of interest and costs.

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In the light of the aforesaid joint statement, the award passed by the Additional Motor Accident Claims Tribunal-III, Pathanamthitta in OP(MV) No.1279/2013 is modified, by granting an additional amount of Rs.4,00,000/- (Rupees four lakhs only) inclusive of interest and costs, which 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 and in case of default in making the deposit as above, the said amount shall be recoverable from the respondent Insurance Company with interest at the rate of 8% 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 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

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M.A.C.A. No.3981/2017

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: 4 :

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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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BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM

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Nandanan K.N Appellant

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Vs. The Divisional Manager, United lndia Respondent lnsurance Company Ltd

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JOIIT STATEMENT FILED BY THE APPELLANT AIYD THE RESP9NDENT

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The above appeat is filed against the award in OP (MV) No.127912013 which was disposed of by the Addl. District Judge & Motor Accidents Claims Tribunal-lll, Pathanamthitta by award dated 221512017. The original petition is filed by the appellant elaiming compensation in respect of the personal injuries sustained by him in a road traffic accident occurred On 1011012013 at about 7.30 am while the appellant, was riding a motor cycle bearing No. KL-3-J-2618 through Vadakkedathkavu-Choorakodu Public Road and when the vehicle reached near Plavilapadi another motor cycle bearing No. KL-26-D-6094 came in a rash and negligent manner and knocked down the appellant. As a result of the accident the appellant sustained serious injuries. The Tribunal had^granted Rs. 5,40,300/- as compensation along with interest @ 9%^p.a. from the date of claim petition. lt is challenging the quantum of compensation that the above appeal is filed. Since the respondent had admltted the coverage of the insurance policy in respect of the offending vehicle, the liability to^pay the compensation is on the respondent. Hence the settlement is arrived at between the appeilant and the respondent.

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Appellant : Nandanan K.N " ) r'nL r-

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Respondent: United lndia lnsurance Company Ltd

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FOr UNITED I}IDIA INSURANCE CO. LTO.AUthorised^# Signatory

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The appellant above named and the respondent have negotiated the matter out of court and rvillingly arrived at a comprornise settlement in full and final settlement al all tire ciaims of the appeliant against t1re respondent arising out of the accident and the original petition mentioned above. it is agreed that the respondent insurance companlr shail pay an additional amount of Rs. 4,00,000/- {Rupees Four Lakh Only) inclusive of ali interest and cost to the appellant by r,r,,ay of full and final settlernent of all the claims of the appellant against the respondent.

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The respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from the date of reeeipt of a *opy of the^judgment irom the H-on'bie High Court, in case of default as stated above the respondent is liakrle to pali interest @ e% frorn the date of defaulter.

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There is no threat coercion or undue influence in arriving at the above settlement. This settlement will form part of the judgment of the Hontrle High court of Keraia.

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Dated this the 26th day of February 2A24.

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Appellant : Nandanan K.N n/^e,**Q'L-r

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For UI,\IITED INDIA INSURANCE CO. LTD.
Respondent: United lndia I
A, ., uu,n*#*v
i
\aolh
W^,,
A. S. Jayasree
Counsel for the Appellant Caunsel for the respondent

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Nandanan K.N v. the Divisional Manager

Case brief

What is this about?

What did the court decide?

Nandanan K.N v. the Divisional Manager

Case brief

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