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2026 Supreme(Online)(Ker) 968
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BEENA MOHANDAS – Appellant
Versus
V.MUNIRAJ – Respondent
MACA NO. 1579 OF 2023
For the Appellants/Petitioners: SMT.M.CHANDRALEKHA
For the Respondents: SHRI.P.JACOB MATHEW, SRI.P.G.JAYASHANKAR, SMT.PUSHPAVATHI.K, SHRI.S.RAJEEV (K/001711/2019), SMT.SAJANA V.H, SHRI.SHAIJU GEORGE, SMT.SANDRA DAVIS, SMT.BINCY JOSE, SHRI.ADHITHYAN P.V.
The court recognizes binding mediation agreements as valid settlements in compensation claims.
Headnote:The appeal concerns a claim for compensation under various heads following a motor accident on 20.07.2004. The Tribunal awarded ₹3,00,000/-, which the appellants disputed, seeking an amount of ₹15,00,000/-. Settlements were reached on 20.11.2025 through mediation, with the insurer agreeing to pay an additional ₹90,000/-. The settlement modifies the original award while ensuring compliance with statutory directions on deposits.
| Table of Content |
|---|
| 1. introduction and claim assertion. (Para 1) |
| 2. discussion on mediation success. (Para 2) |
| 3. settlement agreement details and court approval. (Para 3 , 4 , 5) |
JUDGMENT
This appeal is filed by the appellants in O.P.(MV)
No.2308 of 2007 on the file of the II Additional Motor Accidents Claims Tribunal, Thrissur. The said claim petition was filed by the appellants herein, claiming an amount of ₹15,00,000/- as compensation in a motor accident occurred on 20.07.2004. The Tribunal awarded an amount of ₹3,00,000/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 9% per annum from the date of petition till the date of realization. Disputing the quantum of compensation awarded, the appellants have come up with this appeal.
2. Today, when the matter came up for consideration, the learned counsel for the appellants as well as the learned counsel for the respondents submitted that the matter has been settled between the parties on 20.11.2025 before the Mediator, Kerala High Court Mediation Centre.
3. The Mediator has submitted a Final Report along with settlement agreement before this Court, wherein it is stated that the respondent insurer offered to settle this appeal by paying an additional consolidated amount of ₹90,000/- (Rupees Ninety thousand only) inclusive of interest and costs. The same is agreed to and accepted by the appellants towards full and final settlement of the claims advanced in this appeal.
4. The 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 @7% per annum on the above amount from the date of default and hence, the matter is settled.
5. In the light of the settlement agreement filed by the Mediator, the impugned award is modified, awarding the claimants an additional consolidated amount of ₹90,000/- (Rupees Ninety thousand only) in full and final settlement of all the claims put forward by the claimants within a period of 2 months from the date of receipt of this judgment, and in case of any default, to pay interest @7% per annum on the above amount from the date of default. The claimants 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.
The appeal is disposed of, in terms of the settlement agreement as above. The settlement agreement will form part of the judgment.
Sd/-
