Kerala High Court
Jyothikumar vs The Reliance General Insurance Company ... on 10 July, 2025
2025:KER:51270
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
MACA NO. 872 OF 2017
AGAINST THE AWARD DATED 16.11.2016 IN OPMV NO.976 OF
2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANT/PETITIONER:
JYOTHIKUMAR
S/O.VASU, MACHINGAL HOUSE, VADAMA DESOM,
VILLAGE & P.O.,MUKUNDAPURAM TALUK,
THRISSUR DISTRICT
BY ADVS.
SHRI.P.V.BABY
SHRI.A.N.SANTHOSH
fRESPONDENT/3RD RESPONDENT:
THE RELIANCE GENERAL INSURANCE COMPANY LTD.
POOTHOLE.P.O., THRISSUR- 680 004
BY ADV SRI.ARUN MATHEW VADAKKAN
2025:KER:51270
MACA NO. 872 OF 2017
2
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:51270
MACA NO. 872 OF 2017
3
JUDGMENT
The appellant is the claimant in O.P.(MV) No.976 of 2013 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda.
The said claim petition was filed by the appellant claiming an amount of Rs.20,00,000/- as compensation for the injuries sustained by him in a motor accident on 30.05.2013. The Tribunal awarded an amount of Rs.5,12,600/- as compensation under different heads, directing the third respondent insurer to deposit the said amount along with interest at the rate of 9% per annum from the date of filing the claim petition till realization. Being dissatisfied with the compensation awarded, the appellant has come up in appeal.
2. Today, when the matter came up for consideration, the learned counsel for the appellant as well as the learned Standing Counsel for the third respondent insurer submitted that they have filed a joint statement dated 12.03.2025, 2025:KER:51270 MACA NO. 872 OF 2017 4 wherein it is stated that the claim of the appellant has been settled by the third respondent insurer, agreeing to deposit a further amount of Rs.8,85,000/- inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the respondent, within a period of two months from the date of receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 8% per annum from the date of default.
3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the third respondent insurer to deposit an amount of Rs.8,85,000/-
(Rupees Eight Lakh Eighty Five Thousand Only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the respondent, within a period of two months from the date of receipt of a copy of this judgment, failing which, the said amount will 2025:KER:51270 MACA NO. 872 OF 2017 5 carry interest at the rate of 8% per annum from the date of default. The claimant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the third respondent insurer within a period of one month from the date of receipt of a certified copy of this judgment so as to enable the insurance company to make the deposit as ordered above. In case of failure to furnish details as above, it shall be open for the insurance company to deposit the said amount before the Tribunal.
The appeal is disposed of, in terms of the joint statement as above. The joint statement will form part of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN JUDGE RK BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM M.A.C.A.No. 872 Of 2017 Jyothikumar Appellant Vs. The Reliance General Insurance 3rd respondent Company Ltd ±±Q±ES±±±EHERE±====::=::E±±±E±±E
1. The above appeal is filed against the award in OP (MV) No. 976/2013 which was disposed of by the Motor Accidents claims Tribunal, lrinjalakuda by award dated 19/2/2016. The original petition is filed by the appellant claiming compensation in respect of the personal injuries sustained by him in a road traffic accident occurred on 30/5/2013 at about 7.00 pin while the appellant was riding a motor cycle bearing No. KL45-C-3266 through Mala-Ashtamichira road and when he reached near Vadama a car bearing Reg: No.KL45-E-8333 came in a rash and negligent manner and hit upon the motor cycle. As a result of the accident the appellant sustained serious injuries. The Tribunal had granted Rs. 5,12,600/-as compensation along with interest @ 9% p.a. from the date of claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since the respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the respondent. Hence the settlement is arrived at between the appellant and the respondent.
Appellant :
Jyothikum lNSufINCE CO. LI L Reapondent: Reliance General 2. The appellant above named and the respondent have
negotiated the matter out of court and willingly arrived at a compromise settlement in full and final settlement of a]] the claims of the appellant against the respondent arising out of the accident and the original petition mentioned above. It is agreed that the respondent insurance company shall pay an additional amount of Rs. 8,85,000/- (Rupees Eight Lakh Eight Five Thousand only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the respondent.
3. The respondent hereby agrees to deposit the above amount before the Tribunal within a period of 2 months from the date of receipt of a copy of the judgment from the Honble High Court, in case of default as stated above the respondent is liable to pay interest @ 8% from the date of defaulter.
4. There is no threat coercion or undue influence in arriving at the above settlement. This settlement will fom part of the judgment of the Honble High court of Kerala.
Dated this the 12th day of March 2025.
Appellant :
:irar th Fce`TEr INS~CO.LTD
Authorfty9thctory
Respondent: Reliance General Insurance Company Ltd A.N.Santhosh hop,a Counsel for the Appellant Counsel for the respondent LchA 8© char:an