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2026 Supreme(Online)(Ker) 13911

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
VARGHESE VARGHESE – Appellant
Versus
GOPAKUMAR PUTHIYA VEEDU – Respondent
MACA NO. 13 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.ANCHAL C.VIJAYAN
For the Respondents: SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI

A settlement in a motor accident claim can modify the tribunal's award when both parties agree without coercion.

Headnote:The court analyzed the Motor Accidents Claims Tribunal's award dated 28.05.2015 in OPMV No. 325/2010 regarding a claim for ₹4,50,000 by the appellant for injuries sustained in a motor accident on 25.10.2009, where the Tribunal awarded ₹3,04,540. Post-settlement, the insurer agreed to deposit an additional ₹5,90,000 inclusive of interest within 30 days as full and final settlement. Issues include the Court's obligation to enforce the settlement, emphasizing the absence of coercion or undue influence in the agreed terms. The appeal is modified to include the revised settlement amount as detailed, failing which interest at 8% p.a. applies from the date of default.

Table of Content
1. claimant's appeal for compensation after a motor accident. (Para 1 , 2)
2. court's endorsement of agreed settlement terms. (Para 3)

JUDGMENT

The appellant is the claimant in O.P.(MV) No.325 of

2010 on the file of the Motor Accidents Claims Tribunal, Punalur. The said claim petition was filed by the appellant claiming an amount of ₹4,50,000/- as compensation for the injuries sustained in a motor accident on 25.10.2009. The Tribunal awarded an amount of ₹3,04,540/- 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 03.02.2026, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹5,90,000/- 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 MACA NO. 13 OF 2016 respondent, within a period of 30 days 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 ₹5,90,000/-(Rupees five lakhs and ninety thousand only) inclusive of all interest and cost to the appellants by way of full and final settlement of all the claims of the appellants against the respondent, within a period of 30 days 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 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.

MACA NO. 13 OF 2016 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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