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Kerala High Court
Thansiya vs Sundaramoorthi P on 6 December, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 6'# DAY OF DECEMBER 2025 / 15TH AGRAHAYANA,
1947
MACA NO. 374 OF 2024
AGAINST THE AWARD DATED 26.09.2023 IN OPMV NO.362 OF
2021 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA
APPELLANTS/PETITIONERS :
1
THANSIYA
AGED 39 YEARS, W/O LJINEESH, THOPPIL HOUSE,
CHERUVATTOOR KARA, ERAMALLOOR VILLAGE,
ERNAKULAM DISTRICT, PIN - 686691
DEVI NANDANA T.J
AGED 11 YEARS, D/O JINEESH T.A, THOPPIL HOUSE,
CHERUVATTOOR KARA, ERAMALLOOR VILLAGE,
ERNAKULAM DISTRICT REPRESENTED BY HER MOTHER
THANSIYA, AGED 38 YEARS, W/O. JINEESH, THOPPIL
HOUSE, CHERUVATTOOR KARA, ERAMALLOOR VILLAGE,
ERNAKULAM DISTRICT - 686691
THANMAYA JINEESH
AGED 4 YEARS, D/O JINEESH TA, THOPPIL HOUSE,
CHERUVATTOOR KARA, ERAMALLOOR VILLAGE,
ERNAKULAM DISTRICT REPRESENTED BY HER MOTHER
THANSIYA, AGED 38 YEARS, W/O. JINEESH, THOPPIL
HOUSE,
CHERUVATOOR KARA, ERAMALLOOR VILLAGE, ERNAKULAM
MACA NO. 374 OF 2024
I
DISTRICT - 686691
MINI AJIKUMAR
AGED 54 YEARS, W/O AJIKUMAR, THOPPIL HOUSE,
CHERUVATTOOR KARA, ERAMALLOOR VILLAGE,
ERNAKULAM DISTRICT, PIN - 686691
BY ADV SHRI.DOMSON J.VATTAKUZHY
RESPONDENTS/RESPONDENTS:
4
SUNDARAMOORTHI P
S/O PALANIYAPPAN, 12/4, MEENACHIPURAM,
KEERANUR, KULITHALAI, PANJAPATTI AMSOM,
KARUR DISTRICT, TAMIL NADU, PIN - 639119
RAMESH B
S/O BALASUBRAHMANYAM, 14/88, NESAMANI NAGAR,
KEERANUR, KULITHALAL, PANJAPATTI AMSOM,
KARUR DSTRICT, TAMIL NADU, PIN - 639119
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.
79/4, THIRUVIKA ROAD, OLD BUS STAND TRICHY ROAD,
KARUR, TAMIL NADU, PIN - 639119
BY ADV SHRI.LINTO FRANCIS - STANDING COUNSEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 06.12.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:
MACA NO. 374 OF 2024
i)
JUDGMENT
The appeal is filed by the appellants in O.P.(MV)
No.362 of 2021 on the file of the Motor Accidents Claims
Tribunal, Muvattupuzha. The said claim petition was filed by
the appellants herein, claiming an amount of %53,00,000/-,
which is limited to ~50,00,000/- as compensation for the death
of Sri.Jineesh in a motor accident occurred on 30.10.2020. The
tribunal awarded an amount of %28,06,800/- 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 petition till the date of realization.
Disputing the quantum of compensation awarded, the
appellants have come up with this appeal.
2. Today, when the matter came up for consideration,
the learned counsel for the appellants as well as the learned
counsel for the respondents submitted that the matter has been
settled between the parties on 12.11.2025 before the Mediator,
2025: KER: 9465
MACA NO. 374 OF 2024
Kerala High Court Mediation Centre.
3. The Mediator has submitted a report along with
settlement agreement before this Court, wherein it is stated
that the third respondent insurer offered to settle this appeal by
paying an additional consolidated amount of %7,30,000/-
(Rupees Seven lakh Thirty Thousand only) inclusive of interest
and costs. The same is agreed to and accepted by the
appellants towards full and final settlement of the claims
advanced in this appeal.
The third respondent insurer undertakes to deposit the
above amount before the tribunal within a period of 2 months
from the date of receipt of this judgment, failing which, the said
amount will carry interest at the rate of 7% per annum from the
date of default.
4. In the light of the settlement agreement filed by the
Mediator, the impugned award is modified, awarding the
claimants an additional consolidated amount of %7,30,000/-
MACA NO. 374 OF 2024
(Rupees Seven lakh Thirty Thousand only) in full and final
settlement of all the claims put forward by the claimants.
The appeal is disposed of, in terms of the settlement
agreement as above. The settlement agreement will form part
of the judgment.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
~ERNAKULAM MEDIATION CENTRE
(HIGH COURT HALL)
* and floor, above SBI. High Court Building, Emakulam, Kochi- 31. (Ph: :0484-2562238)
| EMCIReg wonts(eo)) i Jee Zo25 a patea Ll 12, bos
From ; : .
~ "The Nodal Officer, a con
'High Court Mediation. Centre om .
To -
» The Registrar (Judicial), _
« High-Court of Kerala, Emakulam.
Sub: Mediation 'of case referred by'the Hon'ble High Court -of Kerala -
reg.
Ref: Referral Order iri MA. 2 Fe 202 AR ecccneen
y- | dated , weld: a a. _ of the Hon'ble High Court of Kerala.
w a ' _ Tam to forward herewith 'Report of the Mediator in the.t matter along with
NI . the enclosures for information and" necessary action. /
_ Yours Faithfully, °
A
Nodal Officer,
'High Court Mediation Centre
. Enck-1. Report of the Mediator, Settiement sts tare
2. Copy of the referral order dated . of the High. Court of. Kerala
3. Copy of the Petition.
Ly
BEFORE FHE HONOURABLE HIGH €OURF OF KERALA:
AT ERNAKULAM
Thansiya & 3 Others : Appellant
Sundaramoorthi P & 2 Others : Respondents
REPORT SUBMITTED BY THE MEDIATOR
Mediated, matter settled.
Settlement agreement is attached herewith.
Dated this the ist day of December, 2025.
: Adv, ChandralGadra
AL Mediator
High Court Mediation Centre
be . 15 SL
:
BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM
Thansiya & 3 Others : Appellants
Vs.
Sundaramoorthi P & 2 Others : Respondents
MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN
THE APPELLANTS & THE 3D RESPONDENT
M/s.CHOLMADALAM M S GENERAL INSURANCE COMPANY,
+ UNDER RULE 24 &25 (ADR) RULES 2008, AND UNDER
SECTION 89 OF THE CODE OF CIVIL PROCEDURE 1908
ou The 3' Respondent CHOLMADALAM M S_ General
Insurance Company offered to settle this appeal by paying an
additional consolidated amount of Rs.7,30,000/- (Rupees Seven
Lakh Thirty Thousand only) inclusive of interest and costs. The
Saivie'is 'agreed to and"accepted by appellants towards full and
final settlement of the claims advanced in this appeal.
The 3'¢ respondent-insurer undertakes to deposit the above
4 amount before the tribunal within a period of 2 months from the
, date of receipt of this judgment, and in default to pay interest @
7% per annum on the above amount from the date of default.
Since the other respondents are not necessary party to this
settlement, they are not a party to this agreement.
AN SEN.
Leer -. For Cholamandalam MS General Insurance Ce Ltd
Authorised Signatories
et
read
rs ype
we
16 _*
The above settlement may be recorded and a judgment be
passed by this hon'ble court.
Dated this the 12 day of November, 9025.
-- kee
» Adv. Domson J vattakuzhy
Counsel for the Appellants Appellants-
1) Thansiya Reward
2)Devi Nandana T.J Row suas _--
represented by her mother Thansiya
3)Thanmaya Jineesh Ke
represented by her mother Thansiya
4)Mini Ajikumar (1)
2 coh a
Foe Cholamandalam MS General insurance Co Ltd
Ae
pe
& Bee
oo wf} Aut iporised Signatories
7. The 3° Respon
uly authenticated by me
Adv M Chandrafekha
Mediator ~
>g yoige ind bore dia
