Disposed

Ajithkumar K. v. the Future Generali Insurance Company Limited

Kerala HC19 Mar 2024MACA/596/2023

Case brief

AI extract

What is this about?

A motor accident claims appeal challenging the quantum of compensation awarded by the Tribunal was settled by joint statement of claimant and insurer. The court modified the award, granting an additional Rs.2,60,000 inclusive of interest, to be deposited within two months.

What did the court decide?

Additional compensation of Rs.2,60,000/- inclusive of interest granted, to be deposited within two months; 9% interest on default.

Ajithkumar K. Vs the Future Generali Insurance Company… — Motor Accident Claims | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

¶4

TUESDAY, THE 19^TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945

¶5

MACA NO. 596 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT DATED 13.07.2022 IN OPMV NO.797 OF 2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA

¶7

APPELLANT/PETITIONER:

¶8

AJITHKUMAR K. AGED 52 YEARS S/O KUMARAN, NEDUMPARAMBIL HOUSE, AMBALAPUZHA P.O., ALAPPUZHA DISTRICT, PIN - 688561

¶9

BY ADVS. MATHEWS K.PHILIP T.MANASY MINISHA K DAS

¶10

RESPONDENT/3RD RESPONDENT:

¶11

THE FUTURE GENERALI INSURANCE COMPANY LIMITED MUSCUT TOWERS, DOOR NO. 28/3318-B1, SA ROAD, KADAVANTHARA, KOCHIN , REPRESENTED BY ITS DIVISIONAL MANAGER, PIN - 682020

¶12

BY ADVS. K.B.RAMANAND LIMMY K J

¶13

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

¶15

M.A.C.A No. 596 of 2023

¶16

JUDGMENT

¶17

This appeal is arising from an award passed by the Motor Accidents Claims Tribunal, Pala, in O.P.(M.V) No. 797/2018 The said claim petition was filed by appellan t seeking compensation for the sustained to him in a motor accident that occurred on 12.03.2018. The amount of compensation claimed by the appellant was Rs.20,00,000/-, the Tribunal awarded an amount of Rs.3,74,500/- as compensation along with interest at the rate of 7% per annum from the date of petition till realisation and with proportionate cost. Being dissatisfied with the quantum of compensation this appeal is submitted.

¶18

2 . Heard, Sri. Mathews K Philip, the learned counsel appearing for the appellant and Smt. K J Limmy, the learned counsel appearing for the respondent/Insurance Company.

¶19

3 . The appellant as well as the respondent have filed a joint statement, indicating that the matter has been settled and as per the terms of settlement, the respondent had agreed to settle the claim of the appellant fully and finally by depositing a further sum of Rs.2,60,000/-, inclusive of interest.

¶20

¶21

M.A.C.A No. 596 of 2023

¶22

In the light of the aforesaid settlement and joint statement, this appeal is disposed of, modifying the award dated13.07.2022 in O.P.(M.V) No.797/2018 passed by the Motor Accidents Claims Tribunal, Pala, by granting an additional compensation of Rs. 2,60,000/-(Rupees two lakh sixty thousand only), inclusive of interest to the appellant herein, and the said amount shall be deposited by the respondent/Insurance Company 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 9% per annum from the date of default. The joint statement will form the part of this judgment. It is further ordered that, the claimant shall furnish the details of PAN card, Aadhar Card and Bank details to enable the insurance company to make the deposit as ordered above within a period of one month from the receipt of a copy of this judgment. In case, he fails to furnish the said details, it shall be open for the insurance company to deposit the said amount before the Tribunal.

Sd/-

ZIYAD RAHMAN A.A

JUDGE

rpk

Ajithkumar K. v. the Future Generali Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Ajithkumar K. v. the Future Generali Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

T.Shekar, Vs N.Thangaraj

Akhil.P.Joy Vs Sandeep

Arun Vs Vijayan

Fathima Jahana Vs Tata Aig General Insurance Co.Ltd

Sudha.P. Vs Unnikrishnan

Pramod Vs Shaji.P.R