2026 Supreme(Online)(Ker) 28339
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
SANTHOSH GEORGE – Appellant
Versus
THE BHARATI AXA GENERAL INSURANCE COMPANY – Respondent
MACA NO. 476 OF 2024 | OPMV NO.310 OF 2019
For the Appellants/Petitioners: SRI.MATHEWS K.PHILIP, SMT.T.MANASY, SMT.MINISHA K DAS
For the Respondents: SMT.K.S.SANTHI
Court records amicable settlement in motor accident compensation appeal, disposing case as per joint memo with payment terms.
Headnote:The claimant filed an appeal under the Motor Vehicles Act seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal. Essential facts involve a motor accident claim where the tribunal granted an initial amount, prompting the appeal for increase. The court recorded the parties' settlement without further adjudication. The sole issue was the quantum of compensation, settled amicably via joint memo. The court's reasoning upheld the settlement as lawful, directing payment without analyzing prior tribunal findings. Appeal disposed as per joint memo; insurer to pay ₹2,32,000 within two months, with interest at 9% on default.
| Table of Content |
|---|
| 1. parties settle via joint memo. (Para 2) |
| 2. court records settlement, orders payment. (Para 3) |
JUDGMENT
This appeal has been filed by the claimant in O.P(MV) No.310/2019 on the file of the Additional Motor Accidents Claims Tribunal - III, Kottayam, 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 joint memo dated 28.03.2026 has been filed.
3. The joint memo arrived at between the parties is lawful and is therefore recorded. In view of the settlement arrived at by the parties, the respondent/ insurer is willing to transfer the settled amount of ₹2,32,000/- (Rupees Two Lakhs Thirty Two Thousand only) to the bank account of the appellant within a period of two months from the date of receipt the copy of the judgment from the High Court of Kerala, failing which the said amount will carry interest at 9% 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 memo, which do form part of this judgment.