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2026 Supreme(Online)(Ker) 13912

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
Sajeev Kumar T.K. – Appellant
Versus
THE DIVISIONAL MANAGER, M/S.ORIENTAL INSURANCE COMPANY LIMITED – Respondent
MACA NO. 1663 OF 2019 | O.P (MV) NO.2479/2016



Advocates:
For the Appellants/Petitioners: MATHEWS K. PHILIP
For the Respondents: LATHA SUSAN CHERIAN

Settlements in motor accident compensation claims are enforceable, and courts can modify awards upon mutual agreement of parties.

Headnote:(A) Motor Vehicles Act, 1988 - Section 173 - Appeal against an award for motor accident compensation - Respondent agreed to pay additional amount of ₹7,30,000/- due to settlement, bringing total compensation to ₹26,16,000/- - Interest at 9% per annum stipulated from the date of default. (Paras 1, 2, 3)

(B) Appeal - The Tribunal originally awarded ₹18,86,000/-; the appellants challenged this amount seeking enhancement, and a joint statement was filed noting the settlement. (Paras 1, 2)

Facts of the case:
The accident occurred on 07.06.2016, and the initial claim was for ₹50,00,000/- which the Tribunal reduced to ₹18,86,000/-.

Issues: The main issues addressed were the quantum of compensation awarded by the Tribunal and the agreement for additional compensation.

Findings of Court:
The court, acknowledging the settlement between parties, ordered the insurer to pay ₹7,30,000/- as additional compensation in accordance with the trial court's apportionment.

Ratio Decidendi: The judgment reflects the principle of facilitating settlements in personal injury claims and recognizing agreed-upon terms among parties, thereby amending the Tribunal's award.

Result: The appeal is disposed of in terms of the joint statement.

Table of Content
1. motor accident compensation claim details (Para 1)
2. settlement agreement on additional compensation (Para 2 , 3)

JUDGMENT

This appeal is filed by the appellants in O.P.(MV) No.2478 of 2016 on the file of the Addl. District & Sessions Judge-VIII & Addl. Motor Accidents Claims Tribunal, Ernakulam. The said claim petition was filed by the appellants herein, claiming an amount of ₹50,00,000/- as compensation in a motor accident occurred on 07.06.2016. The Tribunal awarded an amount of ₹18,86,000/- 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 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 Standing Counsel for the respondent insurer submitted that they have filed a joint statement dated 02.02.2026, wherein it is stated that the respondent/ insurer agreed to pay a further amount of ₹7,30,000/- (Rupees Seven lakhs thirty thousand only)

including interest as additional compensation in the above appeal. The said amount may be apportioned among us at the rate ordered by the trial court. The respondent hereby agrees to transfer the above amount to the Bank Account of the appellants and the respondent within a period of two months from the date of receipt of the copy of the judgment from the Honourable High Court of Kerala, failing which the said amount will carry interest at the rate of 9% per annum from the date of default. There is no threat, collusion, coercion or undue influence in arriving at the above settlement.

3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the respondent/ insurance company to deposit an amount of ₹7,30,000/- (Rupees Seven lakhs thirty thousand only) including interest as additional compensation in the above appeal. The said amount may be apportioned among us at the rate ordered by the trial court, failing which, the said amount will carry interest at the rate of 9% per annum 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 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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