Disposed

Dhoraraj v. SBI General Insurance

Kerala HC16 Feb 2024MACA/718/2018

Case brief

AI extract

What is this about?

A motor accident claims appeal over compensation awarded by the Tribunal was resolved through a joint settlement memo. The court modified the Tribunal award, granting an additional Rs.1,80,000 inclusive of interest, to be deposited within two months, failing which 8% interest applies from default.

What did the court decide?

Additional Rs.1,80,000 inclusive of interest granted to appellant per joint settlement memo, payable within two months, else 8% interest from default.

Dhoraraj Vs SBI General Insurance — Motor Accident Claims | Kerala HC (2024)

¶1

MACA.No.718/2018

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶6

FRIDAY, THE 16^TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945

¶7

MACA NO. 718 OF 2018

¶8

AGAINST THE ORDER/JUDGMENT OPMV 607/2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD

¶9

APPELLANT/PETITOINER:

¶10

DHORARAJ, AGED 44 YEARS, S/O.KARUPPASAMI AMMINI NIVAS, CHULLIYODU C.N. PURAM, PALAKKAD.

¶11

BY ADVS. SRI.JACOB SEBASTIAN SRI.K.V.WINSTON SMT.ANU JACOB

¶12

RESPONDENT/RESPONDENT:

¶13

SBI GENERAL INSURANCE, PALAKKAD PIN 678 001.

¶14

BY ADVS. SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY SRI.JITHIN SAJI ISAAC

¶15

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR

¶16

ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.718/2018

JUDGMENT

The appellant is the petitioner in O.P.(MV).No.607 of 2014 on the file of the Motor Accidents Claims Tribunal, Palakkad. The said claim petition was submitted by him seeking compensation for the injuries sustained to him in a motor accident that occurred on 13.02.2014. Claim petition was submitted by him seeking a total compensation of Rs.4,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.1,98,500/- and the respondent was directed to deposit the same along with interest at the rate of 9% per annum from the date of petition till realization. This appeal is submitted challenging the same.

¶21

Heard Sri.Jacob Sebastian, learned counsel for the appellant and Sri.K.J.Saji Jacob, learned counsel for the respondent.

¶22

The appellant and the respondent had filed a joint settlement memo to the effect that the matter has been settled between the parties and as per the settlement the respondent

¶23

MACA.No.718/2018

¶24

¶25

had agreed to deposit a further sum of Rs.1,80,000 (Rupees one lakh eighty thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant.

¶26

In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 20.12.2023, this appeal is disposed of modifying the award dated 05.05.2017 passed by the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV).No.607 of 2014 granting an additional amount of Rs.1,80,000 (Rupees one lakh eighty thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the respondent Insurance Company within a period of two months from the date of receipt of a copy of the judgment, failing which, the said amount will carry interest at the rate of 8% per annum from the date of default. The joint settlement memo will form part of the judgment.

¶27

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

¶28

MACA.No.718/2018

¶29

¶30

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 same amount before the Tribunal.

¶31

Sd/-

¶32

ZIYAD RAHMAN A.A. JUDGE

¶33

DG/16.2.24

Dhoraraj v. SBI General Insurance

Case brief

What is this about?

What did the court decide?

Dhoraraj v. SBI General Insurance

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

T.Hassan Faisy Vs Dr.Hassan Thangal

Manu Vs Nibu.M.Varghese

C.M.Baburaj Vs N.G Manoj

Xavier Pollayil Vs C.H.Chandra Bhanu

Dhanushya (Minor) Vs the Divisional Manager

Akhila Krishnan Vs Shiju