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2026 Supreme(Online)(Ker) 5508

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MUHAMMED JENEESH – Appellant
Versus
ASBAK – Respondent
MACA NO. 4288 OF 2019|O.P. (MV) No.711 of 2017



Advocates:
For the Appellants/Petitioners: SHRI.ANIL KUMAR K.P.
For the Respondents: SHRI.S.PRASANTH

Settlement of motor accident claims through a joint statement involving compensation agreement.

Headnote:The court examined the agreement in the joint statement regarding compensation in a motor accident claim. The appellant sought modification to the compensation initially awarded, which was resolved with the insurer agreeing to deposit an additional sum within a stipulated time. The court mandated the insurer to comply with the agreed settlement and outlined the necessary actions for payment and consequence of default.

Table of Content
1. claim details and tribunal award. (Para 1)
2. mutual agreement for additional compensation. (Para 2)
3. court's directive based on settlement terms. (Para 3)

JUDGMENT

The appellant is the claimant in O.P.(MV) No.711 of

2017 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The said claim petition was filed by the appellant claiming an amount of ₹6,67,000/- which was limited to ₹4,00,000/- as compensation for the injuries sustained in a motor accident on 06.02.2017. The tribunal awarded an amount of ₹5,13,430/- 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 joint statement dated 20.09.2025, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹2,40,000/- 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 one month 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 ₹2,40,000/-(Rupees Two lakhs and forty thousand only) 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 respondent, within a period of one month 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 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 joint statement as above. The joint statement will form part of the judgment.

Sd/-

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