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2025 Supreme(Online)(Ker) 53624

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JISHANT JOY – Appellant
Versus
NISAMON P.A – Respondent
MACA NO. 2682 OF 2015 | OPMV NO.1482 OF 2007



Advocates:
For the Appellants/Petitioners: SRI.PEEYUS A.KOTTAM
For the Respondents: SHRI.M.M.IRSHAD MOOPPAN

Mediation resolved the compensation dispute, modifying the tribunal's award to include additional sums agreed by the parties.

Headnote:In MACA No. 2682 of 2015 concerning motor accident claims, the appellant sought ₹13,50,000/- as compensation, and the tribunal awarded ₹3,30,582/-. Following mediation, a further ₹3,30,000/- was agreed upon as additional compensation for injuries sustained. The court modified the original award per the mediation agreement, mandating a deposit by the insurer within two months to avoid interest penalties. The judgment disposes of the appeal as per the mediated agreement.

Table of Content
1. claim filed by appellant for compensation and initial tribunal award. (Para 1)
2. mediation was conducted due to potential for settlement. (Para 2)

JUDGMENT

The appellant is the claimant in OP(MV) No.1482 of 2007 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The said claim petition was filed by the appellant claiming an amount of ₹13,50,000/- as compensation for the injuries sustained by him in a motor accident that occurred on 03.03.2007. The tribunal awarded an amount of ₹3,30,582/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 8% per annum from the date of filing the claim petition till realization. Dissatisfied with the compensation awarded, the appellant has come up in appeal.

2. On 28.07.2025, when the matter was taken up for consideration, the matter was referred for mediation under the campaign “Mediation For the Nation” finding that there is a fair chance for settlement.

3. Today, it is reported that the matter is settled in mediation.

The mediator submitted a memorandum of agreement dated 10.10.2025 entered into between the parties along with report dated 01.11.2025. In the memorandum of agreement, it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹3,30,000/- including interest as additional compensation in the account of the appellant 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 7% per annum from the date of default.

4. In the light of the memorandum of agreement dated

10.10.2025, the impugned award is modified by directing the respondent insurer to deposit an amount of ₹3,30,000/- (Rupees three lakh thirty thousand only) including interest as additional compensation in the account of the appellant 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 7% per annum from the date of default. The appellant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the respondent insurer within a period of one month 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 tribunal.

Therefore, the appeal is disposed of in terms of the agreement entered into between the parties. The memorandum of agreement will form part of this judgment.

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