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
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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:
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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,
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MACA NO. 872 OF 2017
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
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MACA NO. 872 OF 2017
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
