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2026 Supreme(Online)(Ker) 6133

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JUDE KURIAKOSE – Appellant
Versus
1 SREEKUTTAN M.S. – Respondent
MACA NO. 2266 OF 2023 | OPMV NO.889 OF 2018



Advocates:
For the Appellants/Petitioners: SRI.JOBY CYRIAC, SHRI.KURIAN K JOSE
For the Respondents: SMT.K.S.SANTHI

The court modifies the compensation awarded by the Tribunal based on a settlement agreement between the parties.

Headnote:This appeal arises from O.P.(MV) No.889 of 2018, where the appellant claimed compensation for a motor accident that occurred on 22.05.2017. The Tribunal awarded ₹19,99,016/-. After a joint agreement between the parties, the award is modified to ₹21,81,439/-. The insurer will deposit this amount within two months. The appeal is disposed of in terms of the joint statement.

Table of Content
1. claim for compensation in a motor accident. (Para 1)
2. settlement agreement details. (Para 2)
3. modification of initial award. (Para 3)

JUDGMENT

This appeal is filed by the appellant in O.P.(MV) No.889 of

2018 on the file of the Motor Accidents Claims Tribunal, Kottayam. The said claim petition was filed by the appellant herein, claiming an amount of ₹56,00,000/- limited to ₹5,45,960/-, as compensation in a motor accident occurred on 22.05.2017. The Tribunal awarded an amount of ₹19,99,016/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 6% 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 Standing Counsel for the respondent insurer submitted that they have filed a memorandum of agreement dated 21.01.2026, wherein it is stated that the 3rd respondent-insurer offered to settled an amount of ₹21,81,439/- (Rupees Twenty one lakhs eighty one thousand four hundred and thirty nine only) inclusive of interest and costs to the appellant by way of full and final settlement of all the claims advanced in this appeal. The respondent - insurer undertakes to deposit the above amounts before the tribunal 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 - insurer to deposit an amount of ₹21,81,439/- (Rupees Twenty one lakhs eighty one thousand four hundred and thirty nine only) 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 7% per annum from the date of default. The claimant 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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