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Ashiq vs Laly Davis

ASHIQ vs Laly Davis

Type Court Judgment Court Kerala Decided Jan 30, 2023
~2 min read
https://sooperkanoon.com/case/1356713

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
MACA/2106/2016

Parties & Advocates

Appellant / Petitioner

ASHIQ

Respondent

Laly Davis

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran monday, the 30th day of january 2023 / 10th magha, 1944 (against the award in op(mv)no.495/2011 dated 31.12.2015 on the file of the motor accidents claims tribunal, irinjalakuda)appellant/petitioner: ashiq, s/o. haneefa, kalariparambil @ uthraparambil house, chemannur desom, vadakkekad village, punnayoor p.o., thrissur district. sri.p.v.baby sri.a.n.santhosh respondents/respondents 1 and 3: 1 laly davis, alengattukaran house, kallur p.o., thrikkur-680317. 2 shriram general insurance co. ltd., rajasthan-302001. sri.p.jacob mathew sri.mathews jacob sr. smt.preethy r. nair this motor accident claims appeal having come up for admission on 30.01.2023, the court on the same day delivered the following: -2-judgmentwhen this matter was called today, the learned counsel on both sides were ad idem that their parties have settled the matter out of court for an amount of rs.3 lakhs, inclusive of interest.2. sri.p.jacob mathew - learned standing counsel for ‘shriram general insurance company ltd.’ (‘insurance company’, for short), reiteratingly affirmed the afore, saying that the above said amount will be deposited by his client within a period of two months; failingwhich, interest as ordered by the motor accidents claims tribunal, irinjalakuda, (‘tribunal’, for short) will be added to it. taking note of the afore submissions and recording the settlement between the parties, i dispose of this appeal, directing the insurance company to deposit an amount of rs.3,00,000/- -3- (rupees three lakhs only) with applicable interest on or before 31.03.2023; failing which, said amount will carry interest from that date until it is paid, at the rate ordered by the tribunal. needless to say, as and when deposit is made, the appellant will be at full liberty to receive the same from the tribunal. sd/- devan ramachandran judge akv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 (AGAINST THE AWARD IN OP(MV)NO.495/2011 DATED 31.12.2015 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA)

APPELLANT/PETITIONER: ASHIQ, S/O. HANEEFA, KALARIPARAMBIL @ UTHRAPARAMBIL HOUSE, CHEMANNUR DESOM, VADAKKEKAD VILLAGE, PUNNAYOOR P.O., THRISSUR DISTRICT. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS 1 AND 3: 1 LALY DAVIS, ALENGATTUKARAN HOUSE, KALLUR P.O., THRIKKUR-680317. 2 SHRIRAM GENERAL INSURANCE CO. LTD., RAJASTHAN-302001. SRI.P.JACOB MATHEW SRI.MATHEWS JACOB SR. SMT.PREETHY R. NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

When this matter was called today, the learned counsel on both sides were ad idem that their parties have settled the matter out of Court for an amount of Rs.3 lakhs, inclusive of interest.

2. Sri.P.Jacob Mathew - learned Standing Counsel for ‘Shriram General Insurance Company Ltd.’ (‘Insurance Company’, for short), reiteratingly affirmed the afore, saying that the above said amount will be deposited by his client within a period of two months; failing

which, interest as ordered by the Motor Accidents Claims Tribunal, Irinjalakuda, (‘Tribunal’, for short) will be added to it. Taking note of the afore submissions and recording the settlement between the parties, I dispose of this Appeal, directing the Insurance Company to deposit an amount of Rs.3,00,000/- -3- (Rupees three lakhs only) with applicable interest on or before 31.03.2023; failing which, said amount will carry interest from that date until it is paid, at the rate ordered by the Tribunal. Needless to say, as and when deposit is made, the appellant will be at full liberty to receive the same from the Tribunal. Sd/- DEVAN RAMACHANDRAN JUDGE akv

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