Partly allowed

Chandra, v. New India Insurance Company Limited

Kerala HC21 Feb 2024MACA/811/2019

Case brief

AI extract

What is this about?

The Kerala High Court, in MACA No. 811 of 2019, modified an original motor accident claim award by ₹10,56,600 upon receipt of a joint statement from the appellant family and respondent insurer agreeing to a partial settlement. The court directed the insurer to deposit an additional ₹2,30,000 inclusive of interest and costs within two months.

What did the court decide?

Modified the original award to grant an additional ₹2,30,000 (inclusive of interest and costs) to be deposited with interest on default; prescribed timelines for payment and production of bank details

Chandra, Vs New India Insurance Company Limited — 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 21ST DAY OF FEBRUARY 2024/2ND PHALGUNA, 1945

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MACA NO. 811 OF 2019

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OPMV NO.1221 OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM

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APPELLANTS/PETITIONERS:

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1 CHANDRA, AGED 46 YEARS W/O. MURUGESAN @MURUKESAN, 10,SIVANTHIPURAM LANE NO.2, VIRDHU NAGAR, ARUPPUKOTTAI, VIRUTHUNAGAR DISTRICT, TAMILNADU.

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2 MANJULA,AGED 34 YEARS D/O. MURUGESAN @MURUKESAN, 10,SIVANTHIPURAM LANE NO.2, VIRDHU NAGAR, ARUPPUKOTTAI, VIRUTHUNAGAR DISTRICT, TAMILNADU.

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3 M.MANOJKUMAR, AGED 32 YEARS S/O. MURUGESAN @MURUKESAN, 10,SIVANTHIPURAM LANE NO.2, VIRDHU NAGAR, ARUPPUKOTTAI, VIRUTHUNAGAR DISTRICT, TAMILNADU.

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4 M.JAYAKUMAR, AGED 29 YEARS S/O. MURUGESAN @MURUKESAN, 10,SIVANTHIPURAM LANE NO.2, VIRDHU NAGAR, ARUPPUKOTTAI, VIRUTHUNAGAR DISTRICT, TAMILNADU.

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5 SELVAKUMAR, AGED 25 YEARS S/O. MURUGESAN @MURUKESAN, 10,SIVANTHIPURAM LANE NO.2, VIRDHU NAGAR, ARUPPUKOTTAI, VIRUTHUNAGAR DISTRICT, TAMILNADU.

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BY ADV P.M.JOSHI

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RESPONDENT/3RD RESPONDENT:

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NEW INDIA INSURANCE COMPANY LIMITED
KOTTAYAM, KOTTAYAM-1.
BY ADV RAJAN P.KALIYATH

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

M.A.C.A. No.811/2019

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JUDGMENT

The appellants are the petitioners in OP(MV) No.1221/2014 on the files of the Motor Accident Claims Tribunal, Kottayam.

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The aforesaid claim petition was filed by the petitioners seeking compensation for the death of one Murukesan due to the injuries sustained to him in a motor accident that occurred on 21.04.2014. The total amount claimed by the petitioner as compensation was 15 lakhs and the tribunal passed an award by allowing a total compensation of 10,56,600/- 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. P.M. Joshi, the learned counsel appearing for the appellants and Sri. Rajan P Kaliyath, the learned counsel appearing for the respondent-Insurance Company.

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M.A.C.A. No.811/2019

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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 appellants fully and finally by granting an additional amount of `2,30,000/- inclusive of interest and costs.

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In the light of the aforesaid joint statement, the award passed by the Motor Accident Claims Tribunal, Kottayam in OP(MV) No.1221/2014 is modified, by granting an additional amount of `2,30,000/- (Rupees two lakhs thirty thousand 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 7% from the date of default.

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It is further ordered that the claimants shall furnish the 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

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M.A.C.A. No.811/2019

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: 4 :

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this judgment. In case, they fail to furnish the said details, it shall be open for the insurance company to deposit the said amount

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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

Chandra, v. New India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Chandra, v. New India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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