Disposed

Sajeevan v. Renjith N.P.

Kerala HC4 Mar 2024MACA/598/2020

Case brief

AI extract

What is this about?

Motor accident claims appeal seeking higher compensation for a death in a 2011 accident, where the Tribunal had awarded Rs.10,54,000/-. Appellants and insurer settled jointly for an additional Rs.4,00,000/- inclusive of interest; appeal disposed of accordingly.

What did the court decide?

Additional compensation of Rs.4,00,000/- inclusive of interest awarded on settlement, to be deposited by insurer within two months, else 8% p.a. interest applies.

Sajeevan Vs Renjith N.P. — 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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MONDAY, THE 4^TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945

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MACA NO. 598 OF 2020

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AGAINST THE AWARD DATED 09.08.2016 IN OP(MV) NO.1484 OF 2011 OF

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ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,-I ALAPPUZHA

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APPELLANTS/PETITIONERS:

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1 SAJEEVAN AGED 53 YEARS S/O.K.N.GOPALAN, KAITHAVALAPPIL, GRACE VILLA, VAZHICHERRY, ALAPPUZHA - 688 001.

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2 ANNAMMA SAJEEV

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W/O.SAJEEVAN, KAITHAVALAPPIL, GRACE VILLA, VAZHICHERRY, ALAPPUZHA - 688 001.

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BY ADVS. PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SRI.BABU JOSEPH

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RESPONDENTS/RESPONDENTS:

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1 RENJITH N.P. S/O.PARAMESWARAN, NELLAKENNEL HOUSE, WEST KODIKULAM, THODUPUZHA, PIN CODE -685582.

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2 SHRIRAM GENERAL INSURANCE CO.LTD. REPRESENTED BY ITS MANAGER, 10003-E8, RIICO INDUSTRIAL AREA, SITAPURA JAIPUR, RAJASTHAN - 302 022.

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BY ADVS. JOHN JOSEPH VETTIKAD C.JOSEPH JOHNY(K/107/2007)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A No. 598 of 2020

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JUDGMENT

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This appeal is arising from an award passed by the Additional Motor Accidents Claims Tribunal-I, Alappuzha in O.P.(M.V) No. 1484/2011. The said claim petition was filed by appellants seeking compensation for the death of one Arjun Sajeev due to the injuries sustained in a motor accident that occurred on 23.05.2011. The amount of compensation claimed by the appellants was Rs.15,00,000/- and the Tribunal awarded an amount of Rs.10,54,000/- as compensation along with interest at the rate of 9 % per annum from the date of petition till realisation. Being dissatisfied with the quantum of compensation this appeal is submitted.

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2 . Heard, Sri. Philip T Varghese, the learned counsel appearing for the appellants and Sri. John Joseph Vettikad, the learned counsel appearing for the 2 nd respondent/Insurance Company.

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nd 3 . The appellants as well as the 2 respondent have filed a joint statement, indicating that the matter has been settled and as per the terms of settlement, the 2 nd respondent had agreed to settle the claim of the appellant s fully and finally by depositing a further sum of Rs.4,00,000/-, inclusive of interest.

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M.A.C.A No. 598 of 2020

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In the light of the aforesaid settlement and joint statement, this appeal is disposed of, modifying the award dated 09.08.2016 in O.P.(M.V) No.1484/2011 passed by the Additional Motor Accidents Claims Tribunal-I, Alappuzha, by granting an additional compensation of Rs. 4,00,000/-(Rupees four lakh only), inclusive of interest to the appellants herein, and the said amount shall be deposited by the 2 nd respondent/Insurance Company 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 8% per annum from the date of default. The joint statement will form the part of this judgment. It is further ordered that, the claimants shall furnish the details of 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 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

rpk

Sajeevan v. Renjith N.P.

Case brief

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Sajeevan v. Renjith N.P.

Case brief

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