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2026 Supreme(Online)(Ker) 14491

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
PRAMOD – Appellant
Versus
P.S.SRENIVASAN – Respondent
MACA NO. 1989 OF 2018 | OP(MV) NO.70 OF 2010



Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.P.S.APPU, SRI.A.R.NIMOD
For the Respondents: SMT.DEEPA GEORGE

Settlements mediated before courts are binding and can modify earlier awards where both parties agree.

Headnote:Statute Analysis: Under the Motor Vehicle Act, compensation claims relate to injuries from accidents. Facts: The appellant claimed ₹47,91,000/- for injuries from a motor accident on 10.09.2009 and was awarded ₹14,05,200/- by the tribunal; this appeal contests the quantum. Findings: Settlement was reached under mediation.

Issues: The court considered the adequacy of compensation.

Ratio Decidendi: The court accepted the mediated settlement of ₹31,75,000/- as full restitution.

Result: The appeal is disposed of in terms of the settlement agreement.

Table of Content
1. claim filed for compensation following a motor accident. (Para 1)
2. parties reached a settlement through mediation. (Para 2 , 3)
3. court affirmed the mediated settlement modifying the earlier award. (Para 4)

JUDGMENT

The appeal is filed by the appellant in O.P.(MV) No.70 of

2010 on the file of the Motor Accidents Claims Tribunal, Thrissur. The said claim petition was filed by the appellant herein, claiming an amount of ₹47,91,000/-as compensation for the injuries sustained by him in a motor accident occurred on 10.09.2009. The tribunal awarded an amount of ₹14,05,200/- 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 submitted that the matter has been settled between the parties on 29.09.2025 before the Mediator, Kerala High Court Mediation Centre.

3. The Mediator has submitted a 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 ₹31,75,000/- (Rupees Thirty one lakhs seventy five 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 claimant an additional consolidated amount of ₹31,75,000/- (Rupees Thirty one lakhs seventy five 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/-

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