Allowed

T.Shekar, v. N.Thangaraj

Kerala HC18 Mar 2024MACA/792/2019

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a Motor Accidents Claims Appeal filed by T. Shekar against an award by the Motor Accidents Claims Tribunal, Kottayam. Based on a joint settlement memo filed by the appellant and respondents agreeing to an additional settlement amount, the Court modified the Tribunal's award to direct the insurance company to deposit the agreed sum with interest.

What did the court decide?

Award modified to direct 3rd respondent to deposit Rs. 9,50,000/- inclusive of interest within two months; default interest at 9% per annum.

T.Shekar, Vs N.Thangaraj — Motor Accident Claims | Kerala HC (2024)

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MACA.No.792/2019

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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 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945

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MACA NO. 792 OF 2019

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AGAINST THE ORDER/JUDGMENT DATED 12.07.2018 IN OPMV NO.2102 OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM

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APPELLANT/PETITIONER:

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T.SHEKAR,

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AGED 48 YEARS, S/O.PERIYASAMI @ THAMPI, RESIDING AT MOUNT ESTATE LINES, VANDIPERIYAR, PEERUMEU TALUK. PIN - 685 533.

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BY ADVS.

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K.A.HASHIM SRI.M.I.ISMAIL

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RESPONDENTS/RESPONDENTS:

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1 N.THANGARAJ, S/O.M. NATTARAYAN, 180, RF ROAD, PALANI. PIN - 624 601, NOW RESIDING AT OLD NO.120, NEW NO.81, THIRUWALUVAR CROSS STREET, PALANI.

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2 THE NEW INDIA ASSURANCE COMPANY LIMITED, KOTTAYAM. PIN - 686 001.

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BY ADV.SEBASTIAN VARGHESE(K/141/2000)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA.No.792/2019

JUDGMENT

The appellant is the petitioner in O.P.(MV).No.2102 of 2014 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was submitted seeking compensation for the injuries sustained to him in a motor accident that occurred on 07.07.2013. Claim petition was submitted by him seeking a total compensation of Rs.10,00,000/-. The Tribunal passed an award allowing a total compensation of Rs.8,42,115/- and the 2^nd respondent was directed to deposit the same along with interest at the rate of 7% per annum from the date of petition till realization. This appeal is submitted challenging the same.

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Heard Sri.K.A.Hashim, learned counsel for the appellant and Sri.Sebastian Varghese, learned counsel for the 2^nd respondent.

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The appellant and the 2^nd 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 2^nd respondent had agreed to deposit a further sum of Rs.9,50,000/- (Rupees nine lakh fifty thousand only) inclusive of interest in full and final satisfaction of the claim of the appellant.

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MACA.No.792/2019 3

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In the light of the aforesaid settlement, as evidenced by the joint settlement memo dated 21.02.2024, this appeal is disposed of modifying the award dated 12.07.2018 passed by the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV).No.2102 of 2014 granting an additional amount of Rs.9,50,000/- (Rupees nine lakh fifty thousand only) inclusive of interest to the appellant herein and the said amount shall be deposited by the 3^rd 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 9% per annum from the date of default. The joint settlement memo will form part of the judgment.

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It is further ordered that the claimant 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, he fails to furnish the said details, it shall be open for the Insurance Company to deposit the same amount before the Tribunal.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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DG/18.3.24

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BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM

MACA NO.792/2019

T. Shekar

Appellant/petitioner

N. Thankaraj & another

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Respondents/Respondents

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JOINT SETTLEMENT MEMO FILED BY THE PARTIES IN THE ABOVE

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MOTOR ACCIDENTS CLAIMS APPEAL SETTLING THE APPEAL

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The above appeal is against award in OP MV. No.2102/2014 dated.12/07/2018 of the motor Accident Claims Tribunal, kottayam. The original claims is one U/S 166 of the Motor Vehicles Act for the inj.uries sustained by the appellant in the motor vehicle accident occurred on 07/07/2013.

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The learned tribunal after finding negligence on the insured vehicle awarded a compensation of Rs:8,42,115/- with 9% interest and proportionate cost from the 3rd respondent insurance Company. Dissatisfied with the quantum the claimant is in appeal.

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The appellant and the 3rd respondent New India Assurance Company had discussed the matter on 20/02/2024. The appellant has agreed to receive Rs.9,50,000/-(rupees nine lakh fifty thousand only)including interest in addition to the compensation already award by the Tribunal as full and final settlement of the all claims in the appeal. The respondent insurer has agreed to deposit the above amount in the account of appellant.

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The appellant shall furnish the bank account particulars of the appellant within one month from the date of the judgment .The respondent shall deposit the amount within one month from the date of the receipt of the account particulars. Incase the insurer fail to deposit the amount after receiving the account particulars of the account particulars as stipulated above the amount shall carry interest as 9% after the date of default. For and on Behalf of:-

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lA ASSURAN.CE CO. LTD. THE NEW IND is 21th day of febrijary 2024 at Ernakulam Appe„aDnattfhfeiL# RIgscpoon

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Counsel for the appellan ounsel for the respondent : .....:.;,:,,. c EEEEzzz] k<' f}^ [|ast3 l'ro sctxis^^QG>vq3beyi

T.Shekar, v. N.Thangaraj

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T.Shekar, v. N.Thangaraj

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