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2026 Supreme(Online)(Ker) 4216

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MOLLY RAJAN – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent
MACA NO. 4822 OF 2019 | OPMV NO.240 OF 2015



Advocates:
For the Appellants/Petitioners: SHRI.A.N.SANTHOSH, SHRI.JOSHY THANNICKAMATTAM
For the Respondents: SHRI.PMM.NAJEEB KHAN

Settlement agreement between claimant and insurer modified court award for additional compensation.

Headnote:The appellant filed a claim petition under Motor Vehicle Act, seeking ₹10,00,000/- for injuries sustained in an accident. The tribunal awarded ₹1,80,990/-; dissatisfied, the appellant appealed. Parties reached a settlement agreeing on additional compensation of ₹2,30,000/- after negotiating outside court. The court modified the award and ordered deposit of the additional amount by the insurer within specified time. The appeal is disposed of as per the joint statement.

Table of Content
1. claim petition concerning motor accident. (Para 1)
2. parties settled additional compensation. (Para 2)
3. court modifies award per settlement. (Para 3)

JUDGMENT

The appellant is the claimant in O.P.(MV) No.240 of

2015 on the file of the Motor Accidents Claims Tribunal, Pala. The said claim petition was filed by the appellant claiming an amount of ₹10,00,000/- as compensation for the injuries sustained by her in a motor accident on 26.12.2012. The tribunal awarded an amount of ₹1,80,990/- 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 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 Standing Counsel for the respondent insurer submitted that they have filed a joint statement dated 15.12.2025, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit an additional amount of ₹2,30,000/- inclusive of interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the respondent, 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 8% per annum from the date of default.

3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the respondent insurer to deposit an additional amount of ₹2,30,000/- (Rupees Two Lakh Thirty Thousand Only) inclusive of interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the respondent, 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 8% per annum 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 joint statement as above. The joint statement will form part of the judgment.

Sd/-

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