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2026 Supreme(Online)(Ker) 24551

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
MAMMEDKOYA – Appellant
Versus
SUDHA VARMA – Respondent
MACA NO. 2777 OF 2016



Advocates:
For the Appellants/Petitioners: SRI.K.MUHAMMED SALAHUDHEEN
For the Respondents: SHRI.SRINATH GIRISH, SHRI.P.V.ANOOP, SHRI.K.B.RAMANAND

The court upheld the mediation settlement, confirming the insurer's obligation to pay the agreed compensation within specified terms.

Headnote:In this appeal seeking enhancement of compensation, the Court noted that parties reached a lawful settlement before the Kerala High Court Mediation Centre. The insurer is obliged to pay an additional consolidated amount as per the terms of the agreement. The final ruling mandates payment terms and consequences for delay in compliance.

Table of Content
1. parties reached a lawful settlement in the claim. (Para 1 , 2)
2. insurer's obligations and consequences of non-compliance. (Para 3)

JUDGMENT

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

No.953/2011 on the file of the Motor Accidents Claims Tribunal, Kozhikode, 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 20.02.2026 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 3rdrespondent/ insurer shall pay an additional consolidated amount of ₹4,00,000/- (Rupees Four lakhs 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 3rdrespondent/ 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 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 memorandum of agreement, which do form part of this judgment.

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