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2026 Supreme(Online)(Ker) 20980

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
VARGHESE – Appellant
Versus
ORIENTAL INSURANCE COMPANY – Respondent
MACA NO. 1314 OF 2022 | OPMV NO.1187 OF 2018



Advocates:
For the Appellants/Petitioners: ADV SHRI.A.N.SANTHOSH
For the Respondents: SMT.K.S.SANTHI, SC, ORIENTAL INSURANCE COMPANY LTD., SMT.REKHA NAIR

The court recognized a lawful settlement between parties regarding compensation and enforced the terms of the memorandum of agreement.

Headnote:This appeal has been filed by the claimant in O.P(MV) No.1187/2018, seeking enhancement of the compensation amount awarded by the tribunal. The matter has been settled, and the memorandum of settlement dated 26.02.2026 has been recorded as lawful. The respondent shall pay an additional amount of ₹2,30,000/- towards full and final settlement of the claims within two months or interest at 7% per annum in case of default. The appeal is disposed of, in terms of the memorandum of agreement, which do form part of this judgment.

Table of Content
1. claimant appealing for compensation enhancement. (Para 1)
2. settlement reached between parties recorded. (Para 2)
3. additional amount for settlement mandated. (Para 3)

JUDGMENT

This appeal has been filed by the claimant in O.P(MV)

No.1187/2018 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, seeking enhancement of the compensation amount awarded by the tribunal.

2. When the matter came up for hearing today, the learned counsel for both sides submitted that the matter has been settled between the parties and the memorandum of agreement dated 26.02.2026 has been filed.

3. The memorandum of settlement arrived at between the parties is lawful and is therefore recorded. In view of the memorandum of agreement and the settlement arrived at by the parties, the respondent/ insurer offered to settled this appeal by paying an additional amount of ₹2,30,000/- (Rupees Two Lakhs Thirty Thousand only), inclusive of interest and costs, as agreed in the memorandum of agreement, towards full and final settlement of the claims advanced in this appeal within a period of two months from the date of receipt of this judgment, failing MACA NO.1314 OF 2022 which, the respondent/insurer shall pay 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 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 memorandum of agreement, which do form part of this judgment.

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