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2026 Supreme(Online)(Ker) 13016

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
FASIL IRSHAD – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LTD – Respondent
MACA NO. 1843 OF 2017



Advocates:
For the Appellants/Petitioners: A.N.SANTHOSH
For the Respondents: P.JACOB MATHEW

Settlement reached during appeal modifies original compensation award.

Headnote:This appeal concerns a motor accident claim where the appellant sought ₹18,65,000/- as compensation, with a tribunal awarding ₹7,42,448/-. Following mediation, the parties reached a settlement for an additional ₹3,30,000/-, which was accepted. The court modifies the award to reflect this settlement. The final outcome is that the appeal is disposed of as per the settlement agreement.

Table of Content
1. nature of appeal regarding compensation (Para 1)
2. settlement agreement reached between parties (Para 2)
3. final ruling based on settlement agreement (Para 3 , 4)

JUDGMENT

The appeal is filed by the appellant in O.P.(MV) No.963 of

2014 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The said claim petition was filed by the appellant herein, claiming an amount of ₹18,65,000/- limited to ₹12,00,000/- as compensation for the injuries sustained by him in a motor accident occurred on 13.06.2014. The tribunal awarded an amount of ₹7,42,448/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 9% 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 submitted that the matter has been settled between the parties on 11.02.2026 before the Mediator, Kerala High Court Mediation Centre.

3. The Mediator has submitted a report along with settlement agreement before this Court, wherein it is stated that the 3rd respondent insurer offered to settle this appeal by paying an MACA NO. 1843 OF 2017 additional consolidated amount of ₹3,30,000/- (Rupees three lakhs thirty thousand only) inclusive of interest and costs. The same is agreed to and accepted by the appellant towards full and final settlement of the claims advanced in this appeal.

The 3rd respondent insurer undertakes to deposit the above amount before the tribunal within a period of 2 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.

4. In the light of the settlement agreement filed by the Mediator, the impugned award is modified, awarding the claimant an additional consolidated amount of ₹3,30,000/- (Rupees three lakhs thirty thousand only) in full and final settlement of all the claims put forward by the claimant.

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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