High Court Kerala High Court

The Oriental Insurance Co. Ltd vs Shajahan on 6 July, 2009

Kerala High Court
The Oriental Insurance Co. Ltd vs Shajahan on 6 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1516 of 2006()


1. THE ORIENTAL INSURANCE CO. LTD.,
                      ...  Petitioner

                        Vs



1. SHAJAHAN, S/O.ABDUL REHUMAN,
                       ...       Respondent

2. SABEENA BEEVI,

                For Petitioner  :SRI.GEORGE CHERIAN (THIRUVALLA)

                For Respondent  :SRI.IYPE JOSEPH

SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)

 Dated :06/07/2009

 O R D E R
                    SRI.M.R.RAJENDRAN NAIR
        (SENIOR ADVOCATE, HIGH COURT OF KERALA)
                                  &
                          SRI.M.T.BALAN
                     (RETD. DISTRICT JUDGE)
     =================================
                     M.A.C.A.No.1516 of 2006
     =================================
                 Dated this the 6th day of July, 2009

                               AWARD

     Officers of the appellant-Insurance company and counsel are

present. Respondents and counsel are also present. After elaborate

discussion, parties agreed that claimants/respondents will be satisfied

with an award for Rs.2,00,000/-(Rupees two lakh) with interest at the

rate of 9% per annum from the date of claim petition. Accordingly,

the Award is modified. The claimants will be entitled to Rs.2,00,000/-

(Rupees two lakh) as total compensation together with interest at the

rate of 9% from the date of petition, and costs as awarded by

M.A.C.T.




                                  M.R.RAJENDRAN NAIR
                    (SENIOR ADVOCATE, HIGH COURT OF KERALA)




                                      M.T.BALAN
                               (RETD. DISTRICT JUDGE)
dvs


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+MACA.No. 565 of 2006()


#1. BENNY JOSEPH, S/O.JOSEPH,
                      ...  Petitioner

                        Vs



$1. SAJIMON, S/O.ABDUL SALAM,
                       ...       Respondent

2. P.G.AZEEZ, S/O.MOHAMMED YOOSEF,

3. THE ORIENTAL INSURANCE CO.LTD.,

!                For Petitioner  :SRI.M.NARENDRA KUMAR

^                For Respondent  :SRI.DILIP MOHAN

*Coram
SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)

% Dated :06/07/2009

: O R D E R

SRI.M.R.RAJENDRAN NAIR
(SENIOR ADVOCATE, HIGH COURT OF KERALA)
&
SRI.M.T.BALAN
(RETD. DISTRICT JUDGE)
=================================
M.A.C.A.No.565 of 2006
=================================
Dated this the 6th day of July, 2009

AWARD

Appellant’s counsel is present. Representatives of the 3rd

respondent-Insurance Company and counsel are also present. After

discussion, Insurance Company has offered to pay an additional

compensation of Rs.8,000/-(Rupees eight thousand only) over and

above what has been awarded by the court below, which is acceptable

to the appellant. Accordingly, Insurance Company shall deposit an

additional compensation of Rs.8,000/-(Rupees eight thousand only)

before the Motor Accidents Claims Tribunal, Kottayam, for payment to

the appellant, within 60 days from the date of the Award. Non-

payment of the amount within the stipulated period will attract

interest at the rate of 9% per annum.

The M.A.C.A. is disposed of as settled between the parties.

M.R.RAJENDRAN NAIR
(SENIOR ADVOCATE, HIGH COURT OF KERALA)

M.T.BALAN
(RETD. DISTRICT JUDGE)
dvs