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2026 Supreme(Online)(Ker) 5200

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
Chacko K.C. – Appellant
Versus
Thomas John – Respondent
MACA NO. 3599 OF 2019|OPMV NO.991 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.MATHEW JOHN (K), SRI.MATHEW DEVASSI, SRI.ABY J AUGUSTINE
For the Respondents: SRI.MATHEWS JACOB (SR.), SHRI.P.JACOB MATHEW

The court upheld a compromise settlement in a motor accident claim, emphasizing negotiated agreements and the responsibilities of the insurer.

Headnote:This appeal is regarding the compensation awarded in a motor accident claim arising from events on 15.08.2016, where the Tribunal awarded ₹12,76,229/- as compensation. The appellants appealed for a higher amount, which led to a negotiated settlement of an additional ₹3,32,000/-. The court modified the award accordingly, with payment terms outlined.

Table of Content
1. compensation awarded in motor accident case and appeal details. (Para 1 , 2)
2. settlement terms agreed by the parties regarding payment. (Para 3)

JUDGMENT

This appeal is filed by the appellants in O.P.(MV) No.991 of

2019 on the file of the Motor Accidents Claims Tribunal, Palal. The said claim petition was filed by the appellants herein, claiming an amount of ₹20,00,000/- as compensation in a motor accident occurred on 15.08.2016. The Tribunal awarded an amount of ₹12,76,229/- 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 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 Standing Counsel for the respondent insurer submitted that they have filed a joint statement dated 16.10.2025, wherein it is stated that the respondent-insurer shall pay an additional amount of ₹3,32,000/- (Rupees Three lakhs thirty two thousand only) to the appellants by way of full and final settlement of all the claims against the 3rd respondent. The 3rd respondent - insurer agrees to transfer by way of National Electronic Funds Transfer (NEFT) to the bank account of the appellants within a period of two months from the date of receipt of a copy of the judgment. In case of any default, the said amount will carry interest at the rate of 7% 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 to deposit an amount of ₹3,32,000/- (Rupees Three lakhs thirty two thousand only) to the appellants by way of full and final settlement of all the claims of the appellants against the 3rd 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 7% per annum from the date of default. The claimants shall furnish copies of the PAN Card, AADHAAR Card and bank details before the 3rdrespondent insurer within a period of two months 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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