Allowed

Nishad @ Muhammad Nishad.C v. Arun Krishnan R.

Kerala HC27 Feb 2024MACA/956/2020

Case brief

AI extract

What is this about?

The High Court of Kerala modified the Motor Accident Claims Tribunal award by allowing an additional settlement of Rs. 92,000 inclusive of interest and costs upon the insurance company's agreement, directing payment within three months.

What did the court decide?

The award was modified to grant the appellant an additional amount of Rs. 92,000 inclusive of interest and costs, to be deposited by the 3rd respondent within three months.

Nishad @ Muhammad Nishad.C Vs Arun Krishnan R. — 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.
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945

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MACA NO. 956 OF 2020

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OPMV NO.25 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPPALAM

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APPELLANT/PETITIONER:

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NISHAD @ MUHAMMAD NISHAD.C
AGED 23 YEARS
COMPUTER STAFF , S/O. ABDUL NASAR, CHAKKINGAL
HOUSE VAROD (PO), OTTAPALAM, PALAKKAD (DISTRICT)
679 102.

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BY ADVS.
A.R.NIMOD
SRI.M.A.AUGUSTINE

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RESPONDENTS/RESPONDENTS:

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1ARUN KRISHNAN R.
S/O. RAGHUNATH P.S. KUTTIKKATTIL HOUSE, VETTEKARA
(PO), KADAMBAZHIPURAM, PALAKKAD (DIST), 678 633,
(RIDER OF KL-51/C 3190 MOTORCYCLE, D/L NO.
51/2594/1013 VALID FROM 24.05.2013 TO 23.05.2022.
2RAGHUNATHAN,
S/O. SUKUMARAN, 8/421, KUTTIKKATTIL HOUSE,
VETTEKARA (PO), KADAMBAZHIPURAM, PALAKKAD
(DISTRICT), 678 633. (RC OWNER OF THE MOTOR
CYCLE), .

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3 UNITED INDIA INSURANCE CO.LTD. B.O. 2ND FLOOR, PARAPURATH TOWERS, MAIN ROAD, OTTAPALAM, PALAKKAD DISTRICT, 679 101. REPRESENTED BY BRANCH MANAGER. BY ADVS. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 27.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

M.A.C.A. No.956/2020

: 2 :

JUDGMENT

The appellant is the petitioner in OP(MV) No.25/2017 on the files of the Motor Accident Claims Tribunal, Ottapalam.

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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 20.11.2015. The total amount claimed by the petitioner as compensation was 8 lakhs and the tribunal passed an award by allowing a total compensation of 1,69,110/- and the 3^rd respondent Insurance Company was directed to deposit the said amount along with interest at the rate of 7.5% 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. Augustine M.A., the learned counsel appearing for the appellant and Sri. John Joseph Vettikad, the learned counsel appearing for the 3^rd respondent-Insurance Company.

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M.A.C.A. No.956/2020

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: 3 :

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The parties have filed a joint statement, wherein it is mentioned that, the 3^rd respondent Insurance Company had agreed to settle the claim of the appellant fully and finally by granting an additional amount of `92,000/- 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, Ottapalam in OP(MV) No.25/2017 is modified, by granting an additional amount of `92,000/- (Rupees ninety two thousand only) inclusive of interest and costs, which shall be deposited by the 3^rd respondent - Insurance Company within a period of three 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 3^rd 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 details of the PAN card, Aadhar card and bank details to enable the 3^rd respondent to make the deposit as ordered above, within a period of one month from the date of receipt of a copy of this

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M.A.C.A. No.956/2020

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: 4 :

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judgment. In case, he fails to furnish the said details, it shall be 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

Nishad @ Muhammad Nishad.C v. Arun Krishnan R.

Case brief

What is this about?

What did the court decide?

Nishad @ Muhammad Nishad.C v. Arun Krishnan R.

Case brief

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What did the court decide?

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