IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
HANEEFA AGED 42 YEARS S/O HAMSA – Appellant
Versus
NATIONAL INSURNICE COMPANY LTD. – Respondent
MACA NO. 1793 OF 2020
| Table of Content |
|---|
| 1. claim filed for compensation after a motor accident. (Para 1) |
| 2. mediation led to a settlement agreement. (Para 2) |
| 3. court modifies award based on mediation settlement. (Para 3) |
| 4. judgment disposed based on settlement agreement. (Para 4) |
JUDGMENT
The appeal is filed by the appellant in O.P.(MV)
No.490 of 2016 on the file of the Motor Accidents Claims Tribunal, North Paravur. The said claim petition was filed by the appellant herein, claiming an amount of ₹50,15,000/- limited to ₹25,00,000/- as compensation for the injuries sustained by him in a motor accident occurred on 22.04.2016. The tribunal awarded an amount of ₹16,83,400/- as compensation under different heads, directing the 3rd 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 counsel for the respondents submitted that the MACA NO. 1793 OF 2020 matter has been settled between the parties before the Mediator, Kerala High Court Mediation Centre and the settlement report dated 17.02.2026 was submitted.
3. The Mediator has submitted a Final 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 additional consolidated amount of ₹12,15,000/- (Rupees Twelve lakhs fifteen 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 MACA NO. 1793 OF 2020 claimant an additional consolidated amount of ₹12,15,000/- (Rupees Twelve lakhs fifteen 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/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.