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Kerala High Court
Nizarudeen vs Shaji on 13 January, 2026
2026:KER:2413
MACA No.443/2015
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 13TH DAY OF JANUARY 2026 / 23RD POUSHA, 1947
MACA NO. 443 OF 2015
OPMV NO.1568 OF 2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL
APPELLANTS/APPLICANTS:
1 NIZARUDEEN, S/O.NOORUDEENKUTTY, RP HOUSE, VELLANCHIRA,
PANAVOOR PO, NEDUMANGAD
2 SADIYA DOSHAMEEMA, AGED 14 YEARS, R.P. HOUSE,
VELLANCHIRA POANAVOOR PO, NEDUMANGAD, THE 2ND APPELLANT
IS REPRESENTED BY THE 1ST APPELLANT WHO IS HER FATHER
BY ADVS.
SRI.D.SAJEEV
SMT.LIGEY ANTONY
RESPONDENTS/RESPONDENTS:
1 SHAJI
S/O SAHADEVAN, SHAJI BHAVAN, KUTTIMOODU, KALLARA PO,
THIRUVANANTHAPURAM 695608
2 THE DIVISIONAL MANAGER
UNITED INDIA INSURANCE COMPANY LIMITED, ASH HAR
COMPLEX, PALACE ROAD, ATTINAGAL 695 101
BY ADVS.
SHRI.S.A.SANTHOSH
SRI.N.NANDAKUMARA MENON (SR.)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 13.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:2413
MACA No.443/2015
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JUDGMENT
The appellants are the claimants in OP(MV) No.1568 of 2006 on the
file of the Motor Accidents Claims Tribunal, Attingal. The said claim petition
was filed by the appellants claiming an amount of ₹25,00,000/- as
compensation for the injuries sustained by the second appellant in a motor
accident that occurred on 18.03.2003. The tribunal awarded an amount of
₹6,02,000/- as compensation under different heads, directing the 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. Dissatisfied
with the compensation awarded, the appellants have come up in appeal.
2. On 08.08.2025, when the matter was taken up for
consideration, the matter was referred for mediation under the campaign
"Mediation For the Nation" finding that there is a fair chance for settlement.
3. Today, it is reported that the matter is settled in mediation.
The mediator submitted a memorandum of agreement dated 16.10.2025
entered into between the parties, along with a report dated 16.12.2025. 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 ₹1,00,000/- 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
2026:KER:2413
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judgment, failing which, the said amount will carry interest at the rate of 7%
per annum from the date of default. It is also stated in the agreement that the
first respondent has not signed the agreement since he is not a necessary
party to the proceedings.
4. In the light of the memorandum of agreement dated
16.10.2025, the impugned award is modified by directing the respondent
insurer to deposit an amount of ₹1,00,000/- (Rupees one lakh 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.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
ERNAKULAM MEDIATION CENTRE
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From`
The Neda! Officer,
High Court Mediation Centre
TO
The Registrar Oudicial),
High court of Kerala, Emakulam.
ynd/itAV:Avho 9AI,
Sub : Mediation of case referred bythe Hon'ble High Court of Kerala -
• reg.
•i.. Ref : Referral -ltt'ft#..`fi?.`.29rti....`..`.€--
dated `. Of the Hon.ble Hign Courtof Kgrala.
:..`,:.`. -
1 am to forward herewith Repori bf the Mediator in the matter along with
th'e enclosures for information and necessary action,
Yours Faithfully,
Ni¥er'
` Hjgh Court Mediation Centre
Errel :-1. Repor+OfThe Mediator, Settle
=¥#t§J
2, Copy Of the referral order dated „:
3. Copy Of` the Petition.
ment.
Of the. High Couft of Kerala
BEFORE TIIE HONOURABLE HIGH COURT OF KERALA
AT ERNAKULAM
Nizarudeen & Anr. Appellant
Shaji & Anr. Respondents
REPORT SUBMITTED BY THI= MEDIATOR
Mediated, mat[er settled.
Settlement agreement is attached herewith.
Dated this the 16t'' day of December, 2025.
Adv.Mifebinesh
Mediator
High Court Mediation Centre
BEFORE THE HON'BLE HIGH COURT 0F KERALAAT ERNAKULAM
MACA No.443Of 2015
Nizarudeen &Anr. : Appellant
Shaji & Anr. : Respondent
MEMORANDUM OF AGREEMENT UNDER SECTION 89 0F THE CODE OF
CIVIL PROCEDURE READ WITH RULES 24 & 25 0F THE RERALA CIVIL
PROCEDURE (MEDIATI0N, RULES 2008
The United India lnsurance Co.Ltd, Respondent-insurer Offered to settle Rs.1,00,000/-
0`upees One Lakh only) inclusive of interest and costs. The same is agreed to and accepted by
appellant/appellants towards full and final settlement of the claims advanced in this appeal.
The respondent-insurer undertakes [o 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 respondent 1 is not a necessary party and not signed the agreement.
The above settlement may be recorded and a judgment be passed by this hon'ble court.
Dated this the 16th day of October , 2025.
`:`.`., -`,1 -.
• , .i!i-,` ` ''-. .
Adr 'dr\ 1 ',
Counsel for Respondent No.2-i Respondent No.2 -insurer
UNITEO IN0l^ INSuBA
urance Co.Ltd
Adv , P.k
This mediation settlement is duly authenticated by me
0 Adv.Mekha Dinesh(Mediator) ife
