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2026 Supreme(Online)(Ker) 28359
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
JAYAPRAKASH Y.M. – Appellant
Versus
ICICI LOMBARD GENERAL INSURANCE COMPANY – Respondent
MACA NO. 3507 OF 2020 | OPMV NO.444 OF 2017
For the Appellants/Petitioners: SRI.ASHWIN SATHYANATH, SRI.ARUN ASHOK, SMT.NEENA JAMES
For the Respondents: SMT.K.S.SANTHI
Appeal settled via mediation; award modified per parties' agreement with additional compensation.
Headnote:Claimant filed petition under Motor Vehicles Act for compensation due to injuries from accident on 13.09.2016. Tribunal awarded ₹3,52,500/- with 8% interest. Court finds parties settled via mediation. Issues framed as adequacy of compensation. Ratio: Settlement agreement modifies award as binding full and final resolution. Appeal disposed per agreement with enhanced compensation.
| Table of Content |
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| 1. claimant appeals tribunal's compensation award. (Para 1) |
| 2. mediation settlement modifies award with additional payment. (Para 2) |
JUDGMENT
The appellant is the claimant in OP(MV) No.444 of 2017 on the file of the Motor Accidents Claims Tribunal, Thalassery. The said claim petition was filed by the appellant claiming compensation for the injuries sustained by him in a motor accident occurred on 13.09.2016. The tribunal awarded an amount of ₹3,52,500/- as compensation under different heads, directing the respondent insurer to deposit the said amount along with interest at the rate of 8% per annum from the date of filing the claim petition till realization. Being dissatisfied with the compensation awarded, the claimant has come up in appeal.
2. Today, when the matter is taken up for consideration, it is reported that the matter is settled in mediation. The mediator submitted a memorandum of agreement dated 10.03.2026 entered into between the parties. In the memorandum of agreement, it is stated that the claim of the appellants has been settled by the respondent insurer, agreeing to deposit a further amount of ₹10,50,000/- including interest and costs as additional compensation in full and final settlement of the claims advanced in the appeal, before the tribunal 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 7% per annum from the date of default.
3. In the light of the memorandum of agreement dated 12.03.2026, the impugned award is modified by directing the respondent insurer to deposit an amount of ₹82,500 /- (Rupees eighty two thousand five hundred only) including interest and costs as additional compensation in full and final settlement of the claims advanced in the appeal, before the tribunal 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 7% per annum from the date of default.
Therefore, the appeal is disposed of in terms of the agreement entered into between the parties. The memorandum of agreement will form part of this judgment.
