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2026 Supreme(Online)(Ker) 28355

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
MOYINKUTTY @ MOYIN – Appellant
Versus
THE NEW INDIA ASSURANCE CO. LTD. – Respondent
MACA NO. 1721 OF 2020 | OP(MV) NO.2022 OF 2018



Advocates:
For the Appellants/Petitioners: SHRI.AVM.SALAHUDIN, SMT.A.D.DIVYA
For the Respondents: SHRI.THOMAS MATHEW NELLIMOOTTIL

Court modifies motor accident compensation award based on parties' joint settlement agreement.

Headnote:The claimant filed a petition under the Motor Vehicles Act seeking compensation for injuries sustained in a motor accident on 25.10.2017. The Tribunal awarded ₹2,99,200/- with 9% interest. The insurer was directed to pay. The parties entered a settlement for additional compensation. The Court modified the award directing deposit of ₹85,000/- including interest within one month. Issues framed related to adequacy of compensation awarded by Tribunal. The Court accepted the joint memorandum under Sec. 89 CPC, modifying the award based on settlement terms providing for interest on default. The appeal was disposed as per settlement.

Table of Content
1. claimant appeals tribunal's compensation award. (Para 2)
2. court modifies award per settlement terms. (Para 3)

JUDGMENT

The appellant is the claimant in O.P.(MV) No.2022 of 2018 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode. The said claim petition was filed by the appellant claiming an amount of ₹4,00,000/- as compensation in respect of injuries sustained in a motor accident on 25.10.2017. The tribunal awarded an amount of ₹2,99,200/- as compensation under different heads, directing the third respondent insurer to deposit the said amount along with interest at the rate of 9% per annum from the date of filing the claim petition, till realization. Being dissatisfied with the compensation awarded, the appellant 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 third respondent insurer submitted that they have filed a memorandum of agreement dated 27.02.2026, wherein it is stated that the claim of the appellant has been settled by the respondent/third respondent-insurer, agreeing to deposit a further amount of ₹85,000/- (Rupees eighty five thousand only) including interest as additional compensation in the account of the appellant 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 9% 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 third respondent insurer to deposit an amount of ₹85,000/- (Rupees eighty five thousand only) including interest as additional compensation before the tribunal within a period of one month from the date of receipt of a copy of this judgment, failing which, the said amount will carry interest at the rate of 9% per annum from the date of default. The claimants shall furnish copies of the PAN Card, AADHAAR Card and bank details before the third 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.

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