Raju V.C. vs the Divisional Manager

Raju V.C. vs The Divisional Manager

Type Court Judgment Court Kerala Decided Feb 14, 2024

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Citation: sooperkanoon.com/1290979
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Feb 14, 2024
Case Number: MACA/2112/2018

Parties & Advocates

Appellant / Petitioner

Raju V.C.

Respondent

The Divisional Manager

Excerpt

.....that the claim of the appellants was settled by the respondent by agreeing to pay an amount of rs.5,25,000/- inclusive of interest in addition to the amount already awarded by the tribunal. in the light of the aforesaid joint statement, this appeal isdisposed of modifying the award referred to above by granting an additional amount of rs.5,25,000/- (rupees five lakh and twenty five thousand only) inclusive of interest to the appellants and the respondent is directed to deposit the said amount within a period of two months from the date of receipt of a copy of the judgment. in case of any failure in making the said deposit, it shall be open for the appellants to recover the said amount from the respondent withinterest @ 7% per annum from the date of default. the joint statement shall form part of the judgment. it is further clarified 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 above, within 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.sd/- ziyad rahman a.a. judge scs

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 AGAINST THE AWARD DATED 22.02.2018 IN OP(MV) 746/2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM APPELLANTS/ADDITIONAL PETITIONERS: 1 RAJU V.C. AGED 55 YEARS, S/O.CHELLAPPAN, VANIYAPURACKAL HOUSE, 2 SAKUNTHALA RAJU AGED 50 YEARS, VANIYAPURACKAL HOUSE, VEROOR P.O., CHETHIPUZHA VILLAGE, KOTTAYAM. 3 RAHUL RAJU AGED 29 YEARS, S/O.RAJU, VANIYAPURACKAL HOUSE, 4 KANNAN RAJU AGED 24 YEARS, S/O.RAJU, VANIYAPURACKAL HOUSE, BY ADVS. SRI.P.M.JOSHI SMT.SIJI K.PAUL RESPONDENT/3RD RESPONDENT: THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., KOTTAYAM - 1 BY ADV RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This appeal arises from Award dated 22.02.2018 in O.P. (M.V.) No.746/2016 on the file of Motor Accident Claims Tribunal, Kottayam. The said claim petition was filed by the appellants seeking compensation for the death of one Sarath Raju due to the injuries sustained to him in the motor accident that occurred on 12.10.2015. Even though the appellants claimed an amount of

Rs.50,00,000/- as the compensation, the Tribunal awarded an amount of Rs.31,93,850/- and the respondent Insurance Company was directed to deposit the said amount along with interest @ 8% per annum from the date of petition till realisation with proportionate costs. This appeal is submitted by the appellants being dissatisfied with the quantum of compensation.

2. Heard Sri.P.M. Joshi, learned counsel for the appellants and Sri.Rajan P. Kaliyath, learned counsel appearing for the respondent.

3. Today, when the matter came up for consideration, the

appellants and the respondent filed a joint statement, as per which it was conveyed that the claim of the appellants was settled by the respondent by agreeing to pay an amount of Rs.5,25,000/- inclusive of interest in addition to the amount already awarded by the Tribunal. In the light of the aforesaid joint statement, this appeal is

disposed of modifying the award referred to above by granting an additional amount of Rs.5,25,000/- (Rupees five lakh and twenty five thousand only) inclusive of interest to the appellants and the respondent is directed to deposit the said amount within a period of two months from the date of receipt of a copy of the judgment. In case of any failure in making the said deposit, it shall be open for the appellants to recover the said amount from the respondent with

interest @ 7% per annum from the date of default. The joint statement shall form part of the judgment. It is further clarified 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 above, within 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.

Sd/- ZIYAD RAHMAN A.A. JUDGE scs

Same Court & Year Kerala · 2024 Same Parties Raju V.C. vs The Divisional Manager Same Judge Honourable Mr.Justice Ziyad Rahman a.a.