Compensation agreements in vehicular accident claims can be modified through mutual consent to reflect settlements.

JUDGMENT

The appellant is the claimant in O.P.(MV) No.736 of

2015 on the file of the Motor Accidents Claims Tribunal, North Paravur. The said claim petition was filed by the appellant claiming an amount of ₹23,20,000/- limited to ₹10,00,000/- as compensation for the injuries sustained by him in a motor accident on 18.10.2015. The Tribunal awarded an amount of ₹5,33,400/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest @ 9% per annum from the date of filing the claim petition till realization. Being dissatisfied with the compensation awarded, the claimant has come up in 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 10.01.2026, wherein it is stated that the claim of the appellant has been settled by the respondent insurer, agreeing to deposit a further amount of ₹1,85,000/- 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 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.

3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the respondent insurer to deposit an additional amount of ₹1,85,000/-(Rupees One lakh eighty 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 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 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 joint statement as above. The joint statement will form part of the judgment.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE Mn

1 MACA 1797/2020 Statement BEFORE THE HONOURABLE HIGH COURTOF KERALA AT ERNAKUIAM Anoop Appellant Vs.

New India Assurance company Ltd Respondent JOINT STATEMENT F`ILED BY THE APPELLANT ANI) TIIE REroroERT

1. The above appeal is filed against the award in OP (MV) No. 736/2015 which was disposed of by the Motor Accidents Claims Tribunal, N.Paravur by award dated 3/4/2018. 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 18/10/2015 at about 6.00 pin while the appellant was riding a scooter bearing No. KL4-J-5172 through Paravur-Cherai road and when he reached near Perumpadanna, a car bearing No. KL-36-B-2545 came in a rash and negligent manner and knocked down the appellant. As a result of the accident the appellant fell down on the road and sustained serious injuries. The Tribunal had granted Rs. 5,33,400/-as compensation along with interest @9°/o p.a. from the date of claim petition. It is challenging the quantum Of compensation that the above appeal is filed. Since the respondent had admitted.the coverage of the insurance policy in respect of the offending vehicle, the liabirity to pay the compensation is on the respondent. Hence