IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUDHAKARAN.V.C – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LIMITED – Respondent
MACA NO. 2932 OF 2020
| Table of Content |
|---|
| 1. claim for compensation in a motor vehicle accident. (Para 1) |
| 2. settlement agreement reached through mediation. (Para 2 , 3) |
| 3. court modifies the original award based on settlement. (Para 4) |
JUDGMENT
The appeal is filed by the appellants in O.P.(MV)
No.1542 of 2018 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The said claim petition was filed by the appellants herein, claiming compensation for the death of the deceased in a motor accident that occurred on 23.09.2018. The tribunal awarded an amount of ₹18,53,375/- as compensation under different heads, directing the 3rd respondent insurer to deposit the said amount along with interest at the rate of 8% per annum from the date of petition till the date of realization. Disputing the quantum of compensation awarded, the claimants have 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 matter has been settled between the parties before the Mediator, Kerala High Court Mediation Centre and the settlement report along with settlement agreement dated 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 ₹2,52,000/- (Rupees two lakhs fifty two 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 ₹2,52,000/-
(Rupees two lakhs fifty two thousand only) in full and final settlement of all the claims put forward by the claimant, within a period of 2 months from the date of receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 7% per annum from the date of default. The claimant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the 3rd 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.
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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