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2026 Supreme(Online)(Ker) 24550

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
RATHEESH.D – Appellant
Versus
SIMON PAUL – Respondent
MACA NO. 2447 OF 2018



Advocates:
For the Appellants/Petitioners: SRI.T.K.KOSHY, SHRI.SABU I.KOSHY, SMT.V.V.RISANI
For the Respondents: ADV SMT.K.S.SANTHI

Court emphasized the legality of mediation settlements and compliance for claims payment.

Headnote:In this case concerning a motor accident claims appeal, the High Court observed that a settlement was reached between the parties facilitated by the Kerala High Court Mediation Centre. The terms of the mediation agreement were found lawful, and the insurer was ordered to pay an additional amount of ₹7,31,000, inclusive of interest and costs. The court emphasized timely compliance with the settlement terms and facilitated the process for the claimant's documentation. Ultimately, the appeal was disposed of in line with the mediation terms.

Table of Content
1. claims enhancement appeal initiated. (Para 1)
2. mediation agreement terms recorded. (Para 2)
3. final ruling in accordance with the mediation. (Para 3)

JUDGMENT

This appeal has been filed by the claimant in o.p(mv)

No.913/2011 on the file of the Additional District Judge & Motor Accidents Claims Tribunal -III, pathanamthitta, 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 before the Mediator, Kerala High Court Mediation Centre and memorandum of agreement dated 23.02.2026 has been filed.

3. The terms of mediation settlement agreement arrived at between the parties is lawful and is therefore recorded. In view of the terms of memorandum of agreement and the settlement arrived at by the parties, the 2nd respondent/ insurer shall pay an additional consolidated amount of ₹7,31,000/- (Rupees Seven lakhs thirty one 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 which, the 2nd respondent/ insurer shall pay interest @ 7% per annum for the said amount from the date of default. The claimant shall furnish copies of the PAN Card, AADHAAR Card and bank details before the 2nd 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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