Gopan K.G vs Jishnu

Type Court Judgment Court Kerala Decided Jan 31, 2024

~6 min read

https://sooperkanoon.com/case/1292592

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1292592
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jan 31, 2024
Case Number: MACA/1162/2017

Parties & Advocates

Appellant / Petitioner

Gopan K.G

Respondent

Jishnu

Excerpt

.....till realization with proportionate costs. the 2nd respondent insurer has admitted the coverage of the insurance poliry with respect to the offending vehicle involved in the said accident and the liability to pay compensation is on the 2nd respondent insurance company as per the award of the tribunal.3. the appellants and the 2nd respondent insurance company have negotiatedthe matter out of court and have amicably and lawfully arrived at a compromise settlement in full and final settlement of all the claims of the appellants against the 2nd respondent insurance company arising out of the said accident, which is the subject matter of the original petition mentioned above as well as this appeal. it is agreed that the 2nd respondent shall pay an additional amount of rs. 3,28,000/- (rupees three lakhs twenty eight thousand only) to the appellant by way of full and final settlement of all the claims of the appellant against the 2d respondent insurance company.4. it is hereby agreed by the appellants have no objection what so ever inreceiving the aforesaid amount of rs. 3,28,000/- (rupees three lakhs twenty eight thousand only) in terms of this compromise settlement entered into between the parties herein as a full and final settlement of all the claims as against the 2nd respondent insurance company.5. the 2tu respondent hereby agrees to transfer by way of national electronicfunds transfer (neft), the above amount of rs. 3,28,000/- (rupees three lakhs twenty eight thousand only) to the bank account of the appellant as stated hereunder within a period of 60 days from the date of receipt of the copy of thejudgment from the hon'ble high court of kerala, failing which the said amount willcarry interest at9o/o from the date of default. 4- .l;fiffih,6. there is no threat, collusion, coercion or undue influence in arriving at the abovesettlement. there is no mistake in arriving at this setuement either. it is therefore prayed that this hon'ble court may be.....

Full Judgment

MACA NO. 1162 OF 2017 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 MACA NO. 1162 OF 2017 AGAINST THE AWARD DATED 07.11.2016 IN OP(MV)NO.459/2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA APPELLANTS/PETITIONERS: 1 GOPAN K.G, S/O.LATE GOPALAN, KACHALIMALAYIL HOUSE, KANAKKARI, ETTUMANOOR. 2 ASHAMOL K.G., D/O.LATE GOPALAN, KACHALIMALAYIL HOUSE, KANAKKARI,ETTUMANOOR. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENTS/RESPONDENTS: 1 JISHNU, S/O.GOPINATHAN NAIR, 27-28, KANAMPURATHU HOUSE, A.K.G.ROAD, THRIPUNITHARA, ERNAKULAM-682301. 2 ICICI LOMBARD GENERAL INSURANCE CO.LTD. OPPOSITE BISHOP HOUSE, PALA, REPRESENTED BY BRANCH MANAGER-686575. ADV.SRI.LATHEESH SEBASTIAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO. 1162 OF 2017 2 ZIYAD RAHMAN, A.A, J M.A.C.A No. 1162 of 2017 st Dated this the 31 day of January, 2024

JUDGMENT

This appeal arises from the Award dated 07.11.2016 in OP(MV)No.459/2015 on the file of Motor Accidents Claims Tribunal, Pala.

2. The said claim petition was filed by the appellant

seeking compensation due to the injuries sustained in the motor accident that occurred on 25.01.2015. Even though the appellants claimed an amount of Rs.23,70,000/- (Rupees Twenty three lakhs seventy thousand only) as the compensation, the Tribunal awarded an amount of Rs.7,17,495/- (Rupees seven lakhs seventeen thousand four hundred and ninety five only) and the second respondent was directed to deposit the said amount along with interest 9% per annum from the date of petition till deposit. This appeal is submitted by the appellant being dissatisfied with the quantum of compensation.

3. Heard Adv.Mathew John, learned counsel for the appellants and Adv.Sri.Latheesh Sebastian, learned standing counsel for the second respondent. MACA NO. 1162 OF 2017 3

4. Today when the matter came up for consideration,

the appellants and the second respondent filed a joint memo, 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.3,28,000/- (Rupees three lakhs twenty eight thousand only) inclusive of interest in addition to the amount already awarded by the Tribunal. In the light of the aforesaid joint memo, this appeal is disposed of modifying the award referred to above by granting an additional amount of Rs.3,28,000/- (Rupees three lakhs twenty eight thousand only) inclusive of interest to the appellants and the second respondent is directed to deposit the said amount within a period of two months from the date of receipt of a copy of this 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 second respondent with interest @ 8% per annum from the date of default. The joint statement filed by the parties shall form part of this judgment. Sd/- ZIYAD RAHMAN, A.A, JUDGE R.AV -.a rN THE l-frcH COURT OF IUDICATURE OF KERALA AT ERNAK.ULAM M.A.C.A No.1162 ot 2OL7

(AEainst the award in O,P.(MV) No, 459/2015 of Motor Accident Claims Tribunal, pala dated 07.11.20t6 ) APPELLANTS

1. Gopan K.G, S/o Late Gopalan, Kachalimalayil House, Kanakkari, Ettumannoor.

2. Ashamol K.G, D/o Late Gopalan, Kachallmalayil House, Kanakkari, Ettumannoor. Vs. RESPONDENTS i. Jishnu, S1o Gopirrath, 27 -28, Kanampurathu House, A.K,G Road, Thripunithara, Ernakulam - 682 301.

2. i CICI Lombard General Insurance Co. Ltd,, Opp. Bishop's House, pala

1. The above appeal has been filed by Gopan and Ashamol, who were the .

claimants before the Motor Accident Claims Tribunal, Pala in O.p.(MV) No,459i2015, challenging the inadequacy of the compensation awarded by the Motor Accident Claims Tribunal, Rata, dated 07,11.20t6 with respect to the death of their father in a nrotor vehic-le accident on 25.01,2015.

2. It is respectfully stated that in o.p.(MV) No, a59l2015 of Motor Accident

Claims Tribunal, Pala, the Tribunal has awarded an amount of Rs,7,17,4g5l- (Rupees seven lakh Seventeen thousand Four []undred and Ninety Five only) as lcrcl Lo MBARD

compensation to the claimant with interest at9o/o per annum from the date of filing of petition before the Tribunal (22.06.2015) till realization with proportionate costs. The 2nd respondent insurer has admitted the coverage of the insurance poliry with respect to the offending vehicle involved in the said accident and the liability to pay compensation is on the 2nd respondent Insurance Company as per the award of the Tribunal.

3. The appellants and the 2nd respondent Insurance Company have negotiated

the matter out of court and have amicably and lawfully arrived at a compromise settlement in full and final settlement of all the claims of the appellants against the 2nd respondent insurance company arising out of the said accident, which is the subject matter of the original petition mentioned above as well as this appeal. It is agreed that the 2nd respondent shall pay an additional amount of Rs. 3,28,000/- (Rupees Three Lakhs Twenty Eight Thousand only) to the appellant by way of full and final settlement of all the claims of the appellant against the 2d respondent Insurance Company.

4. It is hereby agreed by the appellants have no objection what so ever in

receiving the aforesaid amount of Rs. 3,28,000/- (Rupees Three Lakhs Twenty Eight Thousand only) In terms of this compromise settlement entered into between the parties herein as a full and final settlement of all the claims as against the 2nd respondent Insurance Company.

5. The 2tu respondent hereby agrees to transfer by way of National Electronic

Funds Transfer (NEFT), the above amount of Rs. 3,28,000/- (Rupees Three Lakhs Twenty Eight Thousand only) to the bank account of the appellant as stated hereunder within a period of 60 days from the date of receipt of the copy of the

Judgment from the Hon'ble High Court of Kerala, failing which the said amount will

carry interest at9o/o from the date of default. 4- .l;fiffiH,

6. There is no threat, collusion, coercion or undue influence in arriving at the above

settlement. There is no mistake in arriving at this setUement either. It is therefore prayed that this Hon'ble Court may be pleased to record this joint statement and to pass a judgment in terms thereof. Aadhar and Bank details of the Aooellant Aadhar No: l"F Agg"hnlr.-{o 3? s o g,g 54\z 2n4 Appet\aut Bank detaits: - 4s Sq 2q o 5 28 e 3 - ?4 g 540 5 t 98 Account uo't'F Appo\lanF zn4 eppet\on; - i4 IFS code: 1$ 41 1 4a Bz 6 ^;;, B Eo z+ Appe-l\ar$ at'4 appato$ ^" ;'Brooo iv o o r olr]; Dated this the 14h day of October,2023 W Gopan K.G (1* Appellant) Ashamol K.G (2nd Appellant) l,{l 4 ", Mathew John (l(2 55 | t98t) Counsel for the Appellants LOMBAR Insurance Co. Ltd coffiilro-l,tr* 2nd Respondent

Same Court & Year Kerala · 2024 Same Parties Gopan K.G vs Jishnu Same Judge Honourable Mr.Justice Ziyad Rahman a.a.