Kerala High Court
Joy vs Future Generali India Insurance ... on 4 January, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
MACA NO. 1269 OF 2017
AGAINST THE AWARD DATED 29.06.2016 IN OP(MV) 338/2011 OF
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR
APPELLANT/PETITIONER:
JOY
S/O. PAILY, THUNDIPARAMBIL HOUSE,
VARAPPUZHA, ERNAKULAM DISTRICT.
BY ADV SRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
FUTURE GENERALI INDIA INSURANCE COMPANY LTD.
5TH FLOOR, FELICITY SQUARE, T.C 26/56/1.
STATUE JUNCTION, M.G. ROAD, TRIVANDRUM - 695 001.
BY ADV SMT.K.J.LIMMY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 04.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 1269 OF 2017
2
JUDGMENT
This appeal arises from Award dated 29.06.2016 in O.P.
(M.V.) No.338/2011 on the file of the Additional Motor Accident
Claims Tribunal, N. Paravur. The said claim petition was filed by
the appellant seeking compensation for the injuries sustained to him
in the motor accident that occurred on 18.05.2011. Even though the
appellant claimed an amount of Rs.8,00,000/- as the compensation,
the Tribunal awarded an amount of Rs.6,06,861/- and the
respondent Insurance Company was directed to deposit the said
amount along with interest @ 9% per annum from the date of
petition till realisation with cost of Rs.8,319/-. This appeal is
submitted by the appellant being dissatisfied with the quantum of
compensation.
2. Heard A.N. Santhosh, learned counsel for the appellant
and Smt.K.J. Limmy, learned counsel appearing for the respondent.
3. Today, when the matter came up for consideration, the
appellant and the respondent filed a joint statement, as per which it
was conveyed that the claim of the appellant was settled by the
MACA NO. 1269 OF 2017
respondent by agreeing to pay an amount of Rs.7,00,000/- inclusive
of interest and cost in addition to the amount already awarded by
the Tribunal.
In the light of the aforesaid joint statement, this appeal is
disposed of modifying the award referred to above by granting an
additional amount of Rs.7,00,000/- (Rupees seven lakh only)
inclusive of interest and cost to the appellant and the respondent is
directed to deposit the said amount within a period of two months
from the date of receipt of a copy of the judgment. In case of any
failure in making the said deposit, it shall be open for the appellant
to recover the said amount from the respondent with interest @ 8%
per annum from the date of default. The joint statement shall form
part of the judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
•.
BEFORE THE HONOURABLE HIGH coU RTO F
KERALA AT
M.A.C.A.No. ERNAKULAM
of 2017
Joy
Appellant
Future Generali vs.
India Insurance Respondent
company Ltd
JOIN T STATEMENT FILED BY THE APPELLA
NT AND THE
B_EspoNDENT
1. The abov e appe al is filed agai nst the awar
d in OP (MV)
No.338/2011 which was disposed of by the
Addi.Motor Accidents
Claims Tribunal, N. Paravur by award dated 29/6
/2016. The origi nal
petit ion is filed by the appe llant claiming com pens
ation in resp ect of
the pers onal injur ies susta ined by him in a
road traffic acci dent
occu rred On 18/5/2011 at about 2.15 am while
the appellant was
standing on the side of Paravur Ernakulam Road
at Koonammavu
Junction, a mini bus bearing No. KL-01-V-3080
came in a rash and
negligent manner and knocked down the appellant.
As a result of the
accident the appellant fell down on the road and
sustained serious
injuries .. The Trib unal had gran ted Rs. 6,06,861
/- as com pens ation
alon g with inter est @ 9% p.a. from the date of
claim petit ion. It is
chal leng ing the quan tum of com pens ation that
the abov e appe al is
filed. Sinc e the resp onde nt had adm itted the cove
rage of the insu ranc e
policy in resp ect of the offending vehicle, the
liability to pay the
com pens ation is on the respo nden t. Hence the settl
eme nt is arriv ed at
betw een the appe llant and the resp onde nt.
App ellan t :
/,, ,:/
Joy_~{
Respond1JJ;J.t;1
~t(
' Future Generali India Insurance company
Ltd'-;..,~. ,.. ,. ;-
' \
l!uu: i.,~t JI c~ ,:OR
""...
,_
.
.. ,.--,a.,..,.
.,
\ raoe ~~i;o~ aeM
bove named anct the
2. The appellant a d unll respondent have negotiated
urt at1 vv u ingl ·
the matter out of co y arrtved at a compromise
al settlement of all th .
settlement in full and fiU1 e clauns of the appellant
t arising 0 ut of th .
against the responden e accident and the original
. b e It is agreed th t th
petition mentioned a ov • a e respondent insurance
company shall pay an a dditional amount Of Rs. 7,00,000 /- (Rupees
Seven Lakh 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 Hon'ble 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 form part of the judgment of the
Hon 'ble High court of Kerala.
Dated this the 1st day of December 2023
Appellant:
.
For Fu1ur" C •• ' • : •f! .
Joy • ~ \ \ ~ ·; ) ,,'
~- ,:\·.'-
• ~, ....
Respondent: Future Generali India Insurance company Ltd ' ... _
Lr~
A.N.Santhosh
Counsel for the Appellant Counsel for the respondent
LiMMY.K.J
Advocate
Valiyaparambil
Roll No: K-456/2009
Mob-70342 90817
