The court affirmed a revised settlement amount in a motor accident claim in light of a joint statement by parties, establishing binding terms for payment and interest.

JUDGMENT

This appeal is filed by the appellant in O.P.(MV) No.146 of

2017 on the file of the Additional Motor Accidents Claims Tribunal, N. Paravur. The said claim petition was filed by the appellant herein, claiming an amount of ₹12,85,000/- limited to ₹3,00,000/- as compensation in a motor accident occurred on 20.03.2016. The Tribunal awarded an amount of ₹67,400/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 7.5% 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 joint statement dated 10.01.2026 wherein it is stated that the respondent insurance company shall pay an additional amount of ₹1,00,000/- (Rupees One lakh 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. The respondent insurer shall deposit the amount within a period of two months from the date of receipt of the account particulars. In case of any default, 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 amount of ₹1,00,000/- (Rupees One lakh 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 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 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/-

SHOBA ANNAMMA EAPEN JUDGE

SRJ

BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKULAM Anilkumar Appellant Vs.

New India Assurance Company Ltd Respondent JOINT STATEMENT FILED BY THE APPBLLANT AND THE REPOHDEHT

1. The above appeal is filed against the award in OP (MV) No.146/2017 which was disposed of by the Addl. Motor Accidents Claims Tribunal, N.Paravur by award dated 7/12/2018. The original petition is filed by the appellant claiming compensation in respect of the personal injuries sustained by him in a road traffic accident occurred on 20/3/2016 at about 8.30 pin while the appellant was riding a motor cycle bearing No. KL42-K-2210 through Chathanad-Perumpadanna road and when he reached near Kazhipanam, another motor cycle bearing No. KL42-K-2559 came in a rash and negligent manner and knocked down the appellant. As a result of the accident the appellant fell down on the road and sustained serious injuries. The Tribunal had granted Rs. 67,400/- as compensation along with interest @7.5% p.a. from the date of claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since the respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay the compensation is on the respondent. Hence the settlement is arrived at between the appellant