Kerala High Court
Abdulla vs Future Generali India Insurance ... on 11 March, 2022
IN ThE HIGH COURT OF KERALA AT ERI\lAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BASAI\lT BALAJI
FRIDAY, "E llTH DAY 0F MARcl+ 2®22 / 2®TH PHALGUNA, 1943
MACA NO. 826 0F 2020
0PMV 988/2018 0F MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPE L LANT/S :
ABDULLA
AGED 72 YEARS
S/0 IMBICHI MAMMU, VALIYA THOTTUMUKH (H),
KOYILANDY P.0.KOYILANDY, KOZHIKODE-673 305.
ASLAMU,
AGED 32 YEARS
® S/0 ABDULLA,
MANZIL,
RESIDING AT 33F
PANTHALAYANI,
(32/159), AYISHA
KOYILANDY P.0.KOZHIKODE-673
305.
AYISHA,
AGED 31 YEARS
D/0 ABDULLA, RESIDING AT 33F (32/159), AYISHA
MANZIL, PANTHALAYANI, KOYILANDY P.0.KOZHIKODE-673
305.
BY ADV AVM.SALAHUDIN
RESPONDENT/S :
FUTURE GENERALI INDIA INSURANCE CO.LTD
111 FLOOR, ANANY TOWER, MG ROAD, THRISSUR CENTRAL
P.0.KERALA, PIN-680 001, REPRESENTED BY BRANCH
MANAGER
® BY ADV SMT.K.J.LIMMY
OTHER PRESENT:
ADV. K,J LIMMY-SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION 0N 11.03.2022, THE COURT 0N THE SAME DAY DELIVERED
THE FOLLOWING:
MACA NO. 826 0F 2020
-2-
BASANT BALAJI, J.
MACA NO. 826 0F 2020
JUDGMENT
(Dated this the llth day of March 2022)
The appeal against the award of the Tribunal is only
on the quantum. After hearing the matter for some time,
based on the precedents, this Court was of the opinion that
enhancement can be granted on certain heads. Suggestions
for settlement were put to the leaned counsel appearing for
Insurance Company.
Today, when the case is called up for hearing, learned
counsel for the petitioner submits that a joint compromise
petition has been filed by both the parties as I.A. No.1 of
2022, signed by the appellant and the Insurance Company
and the respective counsel stating that the matter has been
settled out of court for an amount of Rs.2,00,000/- (Rupees
two lakhs only) being the full and final settlement. The
said compromise petition will form part of the judgment.
In the result, the appeal is allowed and the Insurance
Company shall pay interest for the amounts awarded by the
MACA NO. 826 0F 2020
Tribunal at the rate directed in the impugned award and for
the settled amounts at the rate of 50/o from the date of
petition. If any amounts have already been paid, the same
shall be granted set off . The claimants shall produce the
details of the ` Bank account before the Insurance
CompanyITribunal within one month from the date of
receipt of a certified copy of this judgment and amount
shall be transferred to the Bank account directly through
NEFT/RTGS mode, within a period of two months
thereafter. If the Bank account is not furnished within the
time stipulated, it is made clear that no interest shall run on
the enhanced amount after the period stipulated by this
Court.
sd
BASANT BALAJI, JUDGE.
dl/
E-IA NO : IA-202202488
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
lANo Of Year 2022
r)
MACA No 826 0f Year 2020
FUTURE GENERALI INDIA Petitioner
INSURANCE CO.LTD
Vs
Shri. ABDULLA Respondent
ASLAMU,
AYISHA,
RECORD COMPROMISE
Sd/-
E-VERIFIED
LIMMY K J
K/456/2009
BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM
IA No Of Year 2022
ln
MACA No 826 0f Year 2020
FUTURE GENERALI INDIA Petitioner
INSURANCE CO.LTD
u
V/S
Shri. ABDULLA ASLAMU, Respondent
AYISHA,
INDEX
Contents Page NOs
RECORD COMPROMISE 1-6
Sd/-
E-VERIFIED
LIMMY KJ
K/456/2009
Filedon :- 03-3-2022
BEFORE Tl+E HONOURABLE iiiGH COURT OF KERALA AT
ERNARULAM
IANo. of2022
in
MACA No. 826 of 2020
Abdulla & 2 Others Appellants#etitioners
Future Gel`crali India Insurance co Ltd RespondenVInsurer
rl
EFFPNFELTE#TMrsF`]#YG#|±E±==!±H§=H}=
LTD.
Limmy K J (K-456reoo9)
Counsel for RESPONDENT/ INSURER
A V M Salahiiddeen (S-I 16)
Counsel for the Appellants
/
// BEFORE THE HONOURABLE HIGH COURT OF KERALA AT
ERNAKULAM
I.A No. of2022
in
MACA No. 826 of 2020
Abdulla & 2 Others Appe|lantsffetitioners
Future Generali India Insurance co Ltd Respondentflnsurer
u
REEEEEHEEEEEEillEEEEEEEEEEE
I. The above appeal is filed against award dated 25.07.2019 in
O.P(M.V.)No.988/2018 of Motor Accidents Claims Tribunal, Vadakara.
Theaboveoriginalpetitionwasfiledforthecompensationofthedeathof
Sri.Ajinas by a Road Transport Accident on 20-05-2012. The Appellant§
arethelegalheirsofSri.Ajjnas,challengingthequantumawardedinthis
case by the Motor Accidents Claims Tribunal, Vadakara in the original
petition.
2. The Appellants herein and the respondent/Insurer have negotiated the
matteroutofcourtandwillinglyarrivedatacompromisesettlementinfull
and final settlement Of all the claims of the appellants against the
respondent arising out of the accident and the original petition mentioned
above. It is agreed that the respondenVlnsurer shall pay an additional
amount of Rs.2,00,000/-(Rupees Two Lakhs Only) to appellants in full and
final satisfactiofl of all their Claims in the above case including the
compeusa[ion, interest and costs throughout. The Appellants undertakes
that there is no threat coercion or undue influence in arriving at the above
settlement.
3. ||ie respondent/Insurer Shall Pay ''`e Said amount of Rs.2,oo,ooo/.(Rupees
Two Lak|`s only) to the APpel[an`S as per the MACT bifurcation of 7o%-
i5%.i5% within 2 months from date of receipt of Judgement after
a||owiiigthiscompromisePetitiol.'dl`dPassingoffinalorderinthisappeal,
in case of default the respoIldent is liable to pay interest @ 8o/o from the
date of default.
4. |n the circumstances, the above appeal may be disposed in terms of this
joi|it statement making tl`is joint Statement as part of the final order,
without costs.
Facts stated abov-C ire true and correct.
r) Dated the 3rd d{i}. of March, 2022.
Appellants: -
rfuNI A(a Le¢th.
: :..:'¥i:=--- •c'#/a,;
3 Ayrshad ^YI`" v.'/(
RespondeiMnsurer: - Co`insel for Respondent: -
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