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Kerala High Court
Jaseentha vs The Reliance General Insurance Company ... on 19 February, 2026
2026:KER:15097
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA,
1947
MACA NO. 1009 OF 2017
AGAINST THE AWARD DATED 30.09.2016 IN OPMV NO.629
OF 2013 OF MOTOR ACCIDENT CLAIMS TRIBUNAL/RENT CONTROL
APPELLATE AUTHORITY, IRINJALAKUDA
APPELLANTS/PETITIONERS:
1 JASEENTHA
W/O. LATE JOSE, THATTIL HOUSE, KUTTIKKADU DESOM
& P.O,PARIYARAM VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
2 JISMY
D/O. LATE JOSE, THATTIL HOUSE, KUTTIKKADU DESOM
& P.O,PARIYARAM VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
3 JAIMY
S/O. LATE JOSE, THATTIL HOUSE, KUTTIKKADU DESOM
& P.O,PARIYARAM VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.
BY ADVS.
SHRI.P.V.BABY
SHRI.A.N.SANTHOSH
RESPONDENT/3RD RESPONDENT:
THE RELIANCE GENERAL INSURANCE COMPANY LTD
SHANMUGHAM ROAD, MARINE DRIVE, KOCHI - 682 031.
2026:KER:15097
2
MACA NO. 1009 OF 2017
BY ADVS.
SRI.VARUN C.VIJAY
SMT.DIVYA CHANDRAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 19.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2026:KER:15097
3
MACA NO. 1009 OF 2017
JUDGMENT
The appellant is the claimant in O.P.(MV) No.629 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 ₹21,72,000/- which was limited to
₹15,00,000/- as compensation for the death of the deceased in
a motor accident on 03.01.2013. The tribunal awarded an
amount of ₹9,50,400/- as compensation under different heads,
directing the respondent insurer to deposit the said amount
along with interest @ 9% per annum from the date of filing
the claim petition till realization. Being dissatisfied with the
compensation awarded, the claimant 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 respondent insurer
submitted that they have filed a joint statement dated
15.01.2026, wherein it is stated that the claim of the
appellant has been settled by the respondent insurer,
agreeing to deposit a further amount of ₹4,05,000/- inclusive
of all interest and cost to the appellants by way of full and
2026:KER:15097
MACA NO. 1009 OF 2017
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
respondent insurer to deposit an additional amount of
₹4,05,000/- (Rupees Four lakhs five thousand only) inclusive
of all interest and cost to the appellants by way of full and
final settlement of all the claims of the appellants 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. The claimant shall furnish copies of the
PAN Card, AADHAAR Card and bank details before the
respondent insurer within a period of 15 days 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
2026:KER:15097
MACA NO. 1009 OF 2017
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
STB
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT
ERNAKULAM
Jaseentha & others Appellants
Vs.
The Reliance General Insurance Respondent
Company Ltd
-olNTsTA'rEMENTF`II,EDByTIIEAppELLAI\risANDTHETIIB
HEsroNDRT
1. The above appeal is filed against the award in op (MV) No. 629/2013
which was disposed of by the Motor Accidents claims Tribunal,
lrinjalakuda by award dated 30/9/2016. The original petition is filed by the
appellant claiming compensation in respect of the death of the Husband of the I s'
appellant who died in a road traffic accident occurred on 3/1/2013 at about 7.00
pin while the deceased Jose was walking through the side of
Chalakkudy-Angamaly Sector of NH47 and when he reached near
Korafty Latin church a car bearing No. KL-07-BQ-5778 came in a rash
and negligent manner and knocked down the deceased. As a result of
the accident the deceased sustained serious injuries. While undergoing
treatment the deceased succumbed to the injuries . The Tribunal had
granted Rs. 9,50,400/- 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 appellants
and the respondent.
Appellant8:
jaseentha gr J,say #* `;;
\
FOAR[LIANCEG[wichL'iv5dRA«c[cO.in.
Jarny }c-try
Re8pondeat: Reliance General Insurance Company Ltd
'he4ul4
Arfufty
2. The appellants 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 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 respondent
insurance company shall pay an additional amount of Rs. 4,05,000/-
(Rupees Four Lakhs F`ive Thousand only) inclusive of all interest and
cost to the appellants by way of full and final settlement of all the
claims of the appellants 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 default.
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
Honble High court of Kerala.
Dated this the 15th day of January 2026.
Appellant8:
Jaseentha 7^JLgiv Jismy Jr_i`_
Ja,my a-Jr* NCE GENERAL INSURANCE CO. LTD.
`<3 '€`r\.-.+,,, Aitwedsgiv
Re8poDd®nt: Reliance General lnsuranie` C6mpany Ltd
A.N.Santhosh
Counsel for the Appellants Counse§o%#ondent
VftR`uN a Vi`-RY
/41,13Tl&®lo
