Back
2021 Supreme(Online)(KER) 30867
HIGH COURT OF KERALA
C.S. DIAS, J
P.T.ANTONY – Appellant
Versus
FUTURE GENERALI INDIA INSURANCE COMPANY LTD – Respondent
MACA/3399/2020
A.N.SANTHOSH, K.J.LIMMY
The court affirmed that voluntary settlements between disputing parties are legally binding and enforceable.
Headnote:
Settlement - Personal Injury - Motor Vehicle Act - Sections related to compensation claims - The court recognized the validity of the joint settlement between parties, upholding conditions agreed upon to resolve liability and compensation issues following a motor vehicle accident.
Fact of the Case:
The appellant filed an appeal against a tribunal award regarding compensation for injuries sustained in a traffic accident. The appeal arose from a joint statement where both parties settled their claims post-accident.
Finding of the Court:
The court found the joint statement legally sound and confirmed the settlement was genuine, with no undue influence. The appeal was allowed based on the agreed terms.
Issues: Whether the joint settlement executed between the parties was valid and enforceable under the law.
Ratio Decidendi: The court held that settlements reached between parties are valid if executed willingly and without coercion, reinforcing the legitimacy of private agreements in resolving disputes.
Final Decision: The appeal was allowed based on the joint settlement reached by both parties.
The learned counsel appearing for the appellant and the learned counsel appearing for the respondent submit that the subject matter in dispute between the parties in the appeal has been settled between them as per the joint statement dated 21.10.2021 executed by the parties and counter signed by the respective counsel.
2. I have perused the joint statement executed by the parties and find the same to be in accordance with law.
In the result, the appeal is allowed as per the conditions in the joint statement dated 21.10.2021, which shall form part of the judgment.
Sd/-
C.S.DIAS JUDGE rkc .-,F-.
BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM M.A.C.A.No. 3399 /2020 P.T. Antony Future Generali I ndia Company Ltd : Appellant Vs.
Insurance : Respondent JOINT sTATERE»T HLED By THE AppELLANT AND TIE REspONDENT
1. The above appeal is filed against the award in O.P(MV) No. 387/2019 dated 17/8/2020 on the file of the Motor Accidents Claims Tribunal, N. Paravur. The `4~ 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 31/ 1/2019 at about 5.30 pin while the appellant was riding a scooter bearing No. KI,42-K-8566 through Puthenvelikkara-Malavana road and when he reached near the place of occurrence a pickup van bearing No. KL-7-BL-
3281 came in a rash and negligent manner and knocked down the J+ appellant. The Tribunal had granted Rs. 3,43,293/-as compensation along with interest @ 7.5°/o 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.
F',,:.Ir: £3.1,=i,-=:.' :', i.;I. :. : 'r. ``,. i``\-,_2 Appellant , P.T. Antony r-I Respondent: Future Generali India Insurance • tL`)l\L ....``.
|lMMY.X.J Advocate Valiyaparambil floll No: K.456`2009 Mob.70342 90617 rlsr-
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 all the clains 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 sham pay an additional amount of Rs. 1,00,000/-
(Rupees one Lakh Only) inclusive of all interest and cost to the appellant by way of full and final settlement of all the clains 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 @ 80/o 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 Honble High court of Kerala.
Dated this the 21st day of October, 202/, Appeuant :
i-1-I,1.-ul .,-.-,,... "i: ,_I -.-, P.T. Antony Respondent: Future Generali India Insurance Company Ltd |lMMY.k.J Ad,oca'e Vallvaparautil Roll NO- K`456`2ee9 Mob` 70342 90617 A.N.Santhosh K.J.Limmy Counsel for the Appellant Counsel for the respondent
