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2026 Supreme(Online)(Ker) 9618

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SREENIDHI S.R. – Appellant
Versus
NATIONAL INSURANCE COMPANY LTD. – Respondent
MACA NO. 2715 OF 2022 | OPMV NO.667 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.R.T.PRADEEP, SMT.M.BINDUDAS, SRI.K.C.HARISH
For the Respondents: SHRI.P.JACOB MATHEW

In motor accident claims, parties can settle compensation disputes amicably, as facilitated by mediation, which the court may then endorse in its final order.

Headnote:The present appeal arises from the award dated 30.10.2019 by the Motor Accident Claims Tribunal, Thiruvananthapuram, where the appellants sought ₹81,10,000 as compensation for a motor accident. The Tribunal awarded ₹21,25,000. The appellants contested this amount, leading to an amicable settlement during mediation with the insurer agreeing to pay an additional ₹6,90,000. The appeal was successfully settled, modifying the initial award in accordance with the settlement agreement.

Table of Content
1. settlement reached via mediation. (Para 2 , 3)
2. court endorses agreement and modifies award. (Para 4)

JUDGMENT

This appeal is filed by the appellants in O.P.(MV) No.667 of 2016 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. The said claim petition was filed by the appellants herein, claiming an amount of ₹81,10,000/- limited to ₹60,00,000/- as compensation in a motor accident occurred on 03.01.2016. The Tribunal awarded an amount of ₹21,25,000/- 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 counsel for the respondent- insurer submitted that the matter has been settled between the parties on 27.01.2026 before the Mediator, Kerala High Court Mediation Centre.

3. The Mediator has submitted a Final Report along with settlement agreement before this Court, wherein it is stated that the respondent-insurer offered to settle this appeal by paying an additional consolidated amount of ₹6,90,000/- (Rupees Six lakhs ninety thousand only) as additional compensation from the respondent-insurance company inclusive of interest and cost by way of full and final settlement of all claims advanced in this appeal.

4. The respondent insurer undertakes to deposit the above amounts before the Tribunal within a period of two months from the date of receipt of this judgment, and in default to pay interest @7% per annum on the above amount from the date of default and hence, the matter is settled. 5. In the light of the settlement agreement filed by the Mediator, the impugned award is modified, awarding the claimants an additional consolidated amount of ₹6,90,000/- (Rupees Six lakhs ninety thousand only) in full and final settlement of all the claims put forward by the claimants within a period of 2 months from the date of receipt of this judgment, and in case of any default, interest shall be payable at the same rate as contained in the award from the date of default. The claimants 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 settlement agreement as above. The settlement agreement will form part of the judgment.

Sd/-

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