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Kerala High Court
Ajith vs Shunmughan V.V on 20 December, 2025
2025: KER: 98560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
SATURDAY, THE 204 DAY OF DECEMBER 2025 / 29TH AGRAHAYANA,
1947
MACA NO. 3184 OF 2020
AGAINST THE AWARD DATED 26.05.2020 IN OPMV NO.225 OF
2018 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA
APPELLANT/PETITIONER:
AJITH
AGED 55 YEARS
S/0.KOCHUPILLA, MULLANA KUDYIL HOUSE,
KADATHY KARA, VELLOORKUNNAM VILLAGE,
MUVATTUPUZHA, ERNAKULAM DISTRICT -686661.
BY ADVS.
SRI.P.S.SIDHARTHAN
SHRI.A.ARUNKUMAR (A-1907)
RESPONDENTS/RESPONDENTS:
1
SHUNMUGHAN V.V
S/0.VELAYUDHAN, VALTYAVEETTIL HOUSE,
VENGOLA.P.O, PERUMBAVOOR, ERNAKULAM DISTRICT -
683556.
SHIBU.C.S,
S/0.SREEDHARAN, CHARUKARAKUDY HOUSE,
MACA_NO.
2025: KER}:
3184 OF 2020 |
IN
IRAPURAM VILLAGE, MAZHUVANNOOR KARA,
VALAYANCHIRANGARA, ERNAKULAM DISTRICT -683556 |
NATIONAL INSURANCE COMPANY LIMITED,
2ND FLOOR,MULLAPPALLY BUILDING,
A.M.ROAD, .PERUMBAVOOR, ERNAKULAM DISTRICT -683542
REPRESENTED BY ITS DIVISIONAL MANAGER.
|
BIJU,
S/0. JOSEPH, THURUVELIL HOUSE,
ARAKKULAM.P.0, EDATTUMALA, THODUPUZHA- 685591.
\
UNITED INSURANCE COMPANY LIMITED,
2ND FLOOR, PRAKASH BUILDING, T.B.JUNCTION, |
THODUPUZHA- 685584,
REPRESENTED BY ITS DIVISIONAL MANAGER.
BY ADVS.
SHRI .PMM.NAJEEB KHAN
SMT.ALICE THOMAS
|
I
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 20.12.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025: KER: 9856
MACA NO. 3184 OF 2020
ie)
JUDGMENT
The appeal is filed by the appellant in O.P.(MV) No.225
of 2018 on the file of the Motor Accidents Claims Tribunal,
Muvattupuzha. The said claim petition was filed by the .
appellant herein, claiming an amount of *17,95,000/- which is
limited to %8,00,000/- as compensation for the injuries
sustained in a motor accident occurred on 02.12.2017. The
tribunal awarded an amount of %3,78,481/- which is rounded to
~3,78,500/- as compensation under different heads, directing
the respondent insurer to deposit the said amount along with
interest at the rate of 7% per annum from the date of petition
till the date of realization. Disputing the quantum of
compensation awarded, the appellant has come up with this
appeal.
2. Today, when the matter came up for consideration,
the learned counsel for the appellant as well as the learned
counsel for the respondents submitted that the matter has been
ee
2025: KER: 98560
MACA NO. 3184 OF 2020
>
settled between the parties on 16.10.2025 before the Mediator,
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 %2,25,000/-
(Rupees Two lakh Twenty Five Thousand only) inclusive of
interest and costs. The same is agreed to and accepted by the
appellant 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
2025 :KER: 9856
MACA NO. 3184 OF 2020
jor
claimant an additional consolidated amount of %2,25,000/-
(Rupees Two lakh Twenty Five 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)
(2"8 floor, above SEL High. Court Building, Emakulam, Kochi- 31. (Phe Loab4-2562298) .
EMCIREG NQet Se te Dated. adel ar
From - ~ '
The N Nodal Officer, . --_
High Court Mediation Centre
To
'The Registrar (Judiciat),
- High-Court of Kerala, Ernakulam. .
Sir,
Sub: Mediation: of case referred by 'the Hon'ble 'High Court of Kerala -
. feg.
edeanacrae eure Sets. saan cnag cscs ae berrakureest s, atebenrevanen
Cd
~®. : . 7 am to forward 1 herewith Report of the Mediator in the matter along with
cv " the encldsures for information and hecessary action. .
ms
; . " ; 7 oo os ' Yours Faithfully,
x
- Nodal Officer, :
High Court Mediation Centre
Enck: «1. Report of the Mediator, Settlement Agreement.
'2. Copy of the referral order dated . Hh 2k125 of the fe High Court of Kerala .
: 3. Copy of the Petition.
BEFORE THE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Ajith : Appellant
Vs
National Insurance Company Limited & Others: Respondents
REPORT SUBMITTED BY THE MEDIATOR
Mediated, matter settled.
Settlement agreement is attached herewith.
Dated this the 19" day of December, 2025.
Adv.Letha M:
Mediator
High Court Mediation Centre
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM
Ajith : Appellant
National Insurance Company Limited and others : . Respondents
be
MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL
PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE
(MEDIATION, RULES 2008)
The National Insurance Company Limited, Respondent-insurer offered to settle this appeal
by paying an additional consolidated amount of Rs 2,25,000/- (Rupees Two Lakh Twenty Five
Thousand only) inclusive of interest and costs. The same is agreed to and accepted by appellant
towards full and final settlement of the claims advanced in this appeal.
The respondent-insurer undertakes to deposit the above amounts 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 respondents No. 1,2,4 & 5 are not necessary parties they are not signed the agreement.
The above settlement may be recorded and a judgment be passed by this hon'ble court.
Dated this the 16" day of October, 2025.
Qo *
PS ot nea 187711978 Ajith
Counsel for the Appellant Appellant
Wengert ci. 3 Beenakumari
ies (arp) Manager (Leg
PM M Najeeb Khan National Insurance Company Limited
Counsel for Respondent-insurer 3" Respondent -- insurer
This mediation settlement is duly authenticated by me .
Adv Letha M
MEDIATOR
