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2026 Supreme(Online)(Ker) 5344

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
PARAMANANDAN S/O. SAMIKUTTY – Appellant
Versus
UNITED INDIA INSURANCE CO.LTD – Respondent
MACA NO. 559 OF 2018 | OPMV NO.1328 OF 2014



Advocates:
For the Appellants/Petitioners: SHRI.AVM.SALAHUDIN
For the Respondents: SHRI.AGINOV MATHAPPAN, SMT.K.SHERIN MOHAN

The court may modify compensation awards based on settlement agreements between parties, ensuring timely payment by ordered parties.

Headnote:The appellate court considered the agreement between the claimant and the insurer regarding settlement of claims worth ₹3,10,000/- due to injuries from a 2014 accident. The court modified the tribunal's award, directing payment by the insurer within two months. Failure to comply will incur interest. The appeal was disposed of as per the memorandum of agreement.

Table of Content
1. case facts regarding compensation for injuries sustained in an accident. (Para 1)
2. agreement between parties for settlement of claims. (Para 2)
3. court's direction regarding payment and settlement terms. (Para 3)

JUDGMENT

The appellant is the claimant in O.P.(MV) No.1328 of

2014 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The said claim petition was filed by the appellant claiming compensation for the injuries sustained in a motor accident on 04.03.2014. The tribunal awarded an amount of ₹2,53,950/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest @ 9% per annum from the date of filing the claim petition till realization. Being dissatisfied with the compensation awarded, the claimant 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 memorandum of agreement dated 19.12.2025, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹3,10,000/- inclusive of all interest and cost to the appellant by way of full and final settlement of all the claims of the appellant against the 3rd respondent, within a period of two months from the date of MACA NO. 559 OF 2018 receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 9% per annum from the date of default.

3. In the light of the memorandum of agreement filed by the parties, the impugned award is modified by directing the 3rd respondent insurer to deposit an additional amount of ₹3,10,000/- (Rupees Three lakhs ten thousand only) inclusive of all interest and cost to the appellants by way of full and final settlement of all the claims of the appellant 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 9% 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 15 days 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 MACA NO. 559 OF 2018 memorandum of agreement above. The memorandum of agreement will form part of the judgment.

Sd/-

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