IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
VELAYUDHAN (DIED), THANKAMMA, SREELAKSHMI – Appellant
Versus
NEW INDIA ASSURANCE C. LTD – Respondent
MACA NO. 3793 OF 2019
| Table of Content |
|---|
| 1. claim filed for compensation following a motor accident. (Para 1) |
| 2. parties have reached a settlement agreement. (Para 2) |
| 3. court approves terms of settlement and modifies award. (Para 3 , 4) |
JUDGMENT
The appeal is filed by the appellant in O.P.(MV) No.1369 of
2015 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The said claim petition was filed by the appellant herein, claiming an amount of ₹8,42,000/- limited to ₹7,00,00/- as compensation for the injuries sustained by him in a motor accident occurred on 31.07.2015. The tribunal awarded an amount of ₹5,43,216/- 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 counsel for the respondents submitted that the matter has been settled between the parties on 17.08.2025 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 MACA NO. 3793 OF 2019 additional consolidated amount of ₹1,90,000/- (Rupees one lakh ninety thousand 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 3 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.
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 ₹1,90,000/- (Rupees one lakh ninety thousand 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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