IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
JEBIN PAUL M.J – Appellant
Versus
JAISON KURUVILA JAMES – Respondent
MACA NO. 1992 OF 2019 | OP(MV) NO.511 OF 2014
| Table of Content |
|---|
| 1. legitimacy of compensation claims. (Para 1) |
| 2. settlement reached during mediation. (Para 2 , 3) |
| 3. final modification of award. (Para 4) |
JUDGMENT
The appellant is the legal heir of the claimant in O.P.(MV)
No.511 of 2014 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta. The said claim petition was filed by the appellant claiming an amount of ₹51,60,000/- as compensation in respect of injuries sustained in a motor accident on 31.01.2013. The tribunal awarded an amount of ₹8,89,954/- 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 counsel for the respondents submitted that the matter has been settled between the parties on 18.09.2025 before the Mediator, Kerala High Court Mediation Centre.
3. The Mediator has submitted a report along with settlement agreement before this Court, wherein it is stated that the 3rd respondent insurer offered to settle this appeal by paying an additional consolidated amount of ₹5,00,000/- (Rupees Five lakhs MACA NO. 1992 OF 2019 only) inclusive of interest and costs. The same is agreed to and accepted by the appellant towards full and final settlement of the claims advanced in this appeal.
The 3rd respondent insurer undertakes to deposit the above amount before the tribunal within a period of 2 months from the date of receipt of this judgment, and in default to pay interest @9% per annum on the above amount from the date of default and hence, the matter is settled.
4. In the light of the settlement agreement filed by the Mediator, the impugned award is modified, awarding the claimant an additional consolidated amount of₹5,00,000/- (Rupees Five lakhs only) in full and final settlement of all the claims put forward by the claimant.
The appeal is disposed of, in terms of the settlement agreement as above. The settlement agreement will form part of the judgment.
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