Rs 218 Million Compensation to Moollan: Phoenix Insurance Eyes Privy Council

Phoenix Insurance (Mauritius) Limited is contesting a court ruling requiring the Company to pay approximately Rs 218 million to lawyer Iqbal Moollan for a road accident that occurred in 2004. The insurance company has filed for permission to appeal the decision to the Privy Council and sought approval from the Supreme Court on Monday, August 5, 2024.

The Supreme Court granted Phoenix Insurance a stay of the court’s ruling, which mandated compensation of Rs 218,072,253.30 to Moollan due to the injuries he sustained in the accident.

This order will remain in effect until August 19, 2024, when the case will be revisited.

On that date, the insurance company will also learn the opposing party’s position regarding another motion filed on the same day by their attorney, Jaykar Gujadhur.

The appeal by Phoenix Insurance targeted several parties, including Iqbal Moollan himself, Moostapha Mosaheb, Anne Marie Eluinette Lanape, and Clifford Desire Pertaub.

In total, the insurance company has outlined eight grounds for its appeal.

Phoenix Insurance argued that there is no documentary evidence to support the existence of the alleged insurer-insured relationship or to confirm that it insured the vehicle involved in the accident.

The company has also pointed out various inconsistencies in the testimonies presented during the trial at the first instance.

The stay was approved by Chief Justice Bibi Rehana Mungly-Gulbul, covering two judgments.

On January 30, 2023, Judge David Chan Kan Cheong ruled in favor of lawyer Iqbal Moollan, ordering Phoenix Insurance to pay him compensation for his injuries.

The insurance company filed an appeal against this judgment, and on July 11, 2024, the Chief Justice and Judge Iqbal Maghooa upheld the Supreme Court’s verdict.

It is worth noting that Moollan had filed a claim in the Supreme Court following a serious road accident on April 29, 2004, on the highway near Ébène.

The accident resulted in significant injuries, requiring Moollan to seek treatment abroad and leaving him with lasting repercussions.

Source: Defi Media