Settlement of compensation in motor accident cases must be mediated and agreed upon by both parties to ensure resolution.

JUDGMENT

This appeal is filed by the appellant in O.P.(MV)

No.1178 of 2016 on the file of the Motor Accidents Claims Tribunal, Thalassery. The said claim petition was filed by the appellant herein, claiming an amount of ₹5,00,000/- as compensation in a motor accident occurred on 03.11.2011. The Tribunal awarded an amount of ₹2,34,790/- 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 petition till the date of realization. Disputing the quantum of compensation awarded, the appellant has come up with this appeal.

2. Today, when the matter came up for consideration, the learned counsel for the appellant as well as the learned Standing counsel for the respondent-insurer submitted that the matter has been settled between the parties on 25.11.2025 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 ₹1,00,000/- (Rupees One lakh 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.

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 claimant an additional consolidated amount of ₹1,00,000/- (Rupees One lakh only) in full and final settlement of all the claims put forward by the claimant 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 claimant 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/-