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2026 Supreme(Online)(Ker) 14138

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RAMANKUTTY S/O.PARAMESWARAN – Appellant
Versus
SAJI SEBASTIAN – Respondent
MACA NO. 1277 OF 2016 | OPMV NO.1006 OF 2012



Advocates:
For the Appellants/Petitioners: A.N.SANTHOSH
For the Respondents: LATHA SUSAN CHERIAN

Parties can reach a settlement in motor accident claims, impacting the compensation awarded.

Headnote:Statute Analysis: The case pertains to compensation under Motor Vehicles Act for injuries sustained in a road accident. Facts of the Case: The appellant sought ₹13,40,000 in compensation after sustaining injuries when a bus moved while he was alighting. The Tribunal originally granted ₹3,60,728.

Findings of Court:
The appeal centers on the disputed compensation amount.

Issues: The court framed the issue regarding the adequacy of compensation awarded.

Ratio Decidendi: The court accepted a joint settlement where the insurer agreed to pay an additional ₹6,75,000.

Result: The impugned award is modified to direct the insurer to pay the amended amount.

Table of Content
1. claim for compensation in road traffic accident. (Para 1 , 2)
2. court endorses settlement between parties. (Para 3)

JUDGMENT

This appeal is filed by the appellant in O.P.(MV) No.1006 of

2012 on the file of the Additional Motor Accidents Claims Tribunal, Perumbavoor. The said claim petition was filed by the appellant herein, claiming an amount of ₹13,40,000/- limited to ₹5,00,000/- as compensation in a motor accident occurred on 06.01.2011. The Tribunal awarded an amount of ₹3,60,728/- 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 insurer submitted that they have filed a joint statement dated 15.01.2026, wherein it is stated that the 2nd respondent/ insurance company shall pay an additional amount of ₹6,75,000/- (Rupees Six lakhs seventy five thousand 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 2ndrespondent. The 2nd 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. There is no threat, 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 2nd respondent/ insurance company to deposit an amount of ₹6,75,000/- (Rupees Six lakhs seventy five thousand 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 2nd 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 2026/KER/17578 ERNAKULAM Ramankufty Appellant Vs.

Saji Sebastian & another Respondents oolNTsTATEMENTFluBDBvTlmAPPEILANTANI)TI+TIE

2ND RESPONDENT

1. The above appeal is filed against the award in OP (MV) No. 1006/2012 which was disposed of by the Motor Accidents Claims Tribunal, Perumbavoor by award dated 27/10/2015. 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 6/1/2011 at about 6.00 pin while the appellant was travelling as a passenger in a bus bearing No. KL-17-E-1525 through Kanjoor-Chowara road and when the vehicle reached near Sreemoolanagaran, while the appellant was trying to get down from the bus, the driver took forward the vehicle without any advance signal. As a result appellant fell down on the road and sustained injuries. The Tribunal had granted Rs. 3,60,728/- as compensation along with interest @ 9% p.a. from the date of claim petition. It is challenging the quantum of compensation that the above appeal is filed. Since the 2nd respondent had admitted the coverage of the insurance policy in respect of the offending vehicle, the liability to pay th

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