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Kerala High Court

Abhilash.S.S vs United India Insurance Company Limited on 20 January, 2026

MACA NO. 2481 OF 2024

2026: KER: 4726
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 20° pay OF JANUARY 2026 / 30TH POUSHA, 1947

MACA NO. 2481 OF 2024

AGAINST THE ORDER/JUDGMENT DATED 31.10.2023 IN OPMV

oe a we no teat ow wm mat tt BO re

NG. i644 OF 3616 OF HOTOR ACCIDENT ELAINS
TRIBUNAL, NEYYATTINKARA

APPELLANT/APPLICANT:

ABHILASH.S.S.

AGED 37 YEARS

S/O SREEKUMARAN.D., THUNDATHIL VEEDU,
GURUKRIPA, NEAR GOVERNMENT POLYTECHNIC,
PERUMPAZHUTHOOR.P.O.,
THIRUVANANTHAPURAM, PIN ~ 695126

BY ADVS.

SRI.R.T.PRADEEP

SRI .P.BIJIMON

SMT .M.BINDUDAS
SHRI.NIRANJAN T. PRADEEP

RESPONDENT/3RD_ RESPONDENT:

UNITED INDIA INSURANCE COMPANY LIMITED
REPRESENTED BY THE DIVISIONAL MANAGER, CWC
BUILDING, LMS COMPOUND, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033

BY ADV SMT.LATHA SUSAN CHERTAN

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMESSEON ON 20:02:2026; THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:


MACA NO. 2481 OF 2024

2026 :KER:4726
JUDGMENT

The appeal is filed by the appellant in O. P.(MV) No.1544 of 2016 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara. The said claim petition was filed by the appellant herein, claiming an amount of %10,35,000/-- as compensation for the injuries sustained by him in a motor accident occurred on 15.09.2016. The tribunal awarded an amount of %6,29,000/- 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 settled between the parties on 21.08.2025 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 respondent insurer offered to settle this appeal by paying an

additional consolidated amount of %8,05,000/- (Rupees eight

MACA NO. 2481 OF 2024

2026: KER! 4726 lakhs 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.

4, The 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, and in default to pay interest @7% per annum on the above amount from the date of default and hence, the matter is settled.

5. In the light of the settlement agreement filed by the Mediator, the impugned award is modified, awarding the claimant an additional consolidated amount of *8;05;000/- (Rupees eight lakhs five thousand only) in full and final settlement of all the claims put forward by the claimant.

The appeal is disposed of, in terms of the settlement agreement as above. The settlement agreement will form part of

the judgment:

Sd/-

ee ee ey

SHOBA ANNAMMA EAPEN JUDGE LU

oot * aM . * . . of .

'

eS -ERNAKULAM MEDIATION CENTRE

(HIGH CourT HALL)

cian floor, awe SB, High, Court Building,. Emakulara, 'Koch "31. (Phuoaba-2562236)_

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'The Nodal Officer, 7 'High Court Madi ation. Centre

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The Registrar gudicial," oe High 'Court of Kerala, Emakulam.

Sub: Mediation, ot case referred by 'the Hon' 'bie High Court of Kerala -

Ref : Referral Order { i wee LAE CA

sapdetenrae

'neta mipeasiee em

lam to forward herewith Report of the Mediator in 1 the matter -alohg with

"the enclosures for Information and necessary: action. . ee , BO _ Yours Faithfully,

a Nodal | re ficer:

"High Court Mediation Centre

uo Ench:=1. Report of the Mediator, Settlenient greement.. --

2. Copy of the referral-order dated ty & as of the. High Court of Kerala

- 3. "Copy of the Petition.

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BEFORE FHE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM

Abhilash S.S : Appellant

United India Insurance Co.Ltd : Respondent REPORT SUBMITTED BY THE MEDIATOR

Mediated, matter settled.

Settlement agreement is attached herewith.

Pated thisthe i5th-day ef January, 2026.

-- Ady.Chincy Gepakumar Mediator High Court Mediation Centre

BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.

MACA NO. 2481 OF 2024 Abhilash S.S : Appellants Vs United India Insurence Company Lid =: Respondents i

MEMORANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25.0F THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

Both the appellant and the respondent have agreed to settle all the disputes between them on the following terms :

The above appeal is filed against the award dated31/10/2023 in OP(MV) No.1544/2016 of the Motor Accidents Claims Tribunal, Neyyattinkara has been settled by the above parties on the following terms:

1) The appellant has agreed to accept a sum of Rs.8,05,000/- (Rupees Eight lakhs five thousand only) as additional compensation from the Respondent Insurance Co. Ltd. inclusive of interest and 'cost by way of full and final settlenrent of all 'claims of the appellant against the respondent Insurance Company..

2) The appellant shall furnish the account particulars and pan card details of the claimant in whose name the amount is to be deposited, within-one month from the date of judgment.

3) The Insurance Company shall effect the deposit by transfer to the respective account of the Appellant/Claimant within two months from the date of receipt of the copy of the judgment of the Hon'ble High Court.

4y In case the appellarit/claimant fail to furnish the account details as per condition no.2 above, the running of interest would stop and if the insurer fail to deposit the amount as per condition 3, even after furnishing the details by-the appellant/Claimant, interest shall be payable at the same rate as contained in the award from the date of default

5) Since the policy in respect of the offending vehicle is admitted by the 3rd respondent Insurance Company and the liability is also admitted, the other respondents are not necessary parties to this agreement and hence not made as parties.

6) "The above settlement is reached between the parties at their free will and there is no threat, coercion or undue influence in arriving at the above settlement. Hence it is humbly prayed that this Hon'ble court may be pleased to record the above settlement and pronounce a judgment in terms of

the ab ttl t.

e above selliemen For UNITED INDIA any . LTD.

Author 7 Signatory

Appellant sdeutb:- \S Abhilash S.S United India Insurance Company Limited v Z -- Rep.by Div.Manager WR a Counsel for the appellant Counsel for the Respondent

a ee ne

This settlement agreement is authenticated by nre. thls x Adv.Chincy Gopakumar.(Mediator) or

BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM.

JS | 26] 4- . MACA NO..28 La oF 2°! rneane Abilahoss on Appellant Oo in Vs United Dada, insurance CO LTD. ans Renard act Respondent.

'MEMGRANDRUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 & 25 OF THE KERALA CIVIL PROCEDURE (MEDIATION), RULES, 2008:

Both the appeliant/appellants and the .~4& respondent Uribed Inder Insurance Company have agreed to settle all the disputes between them on the following terms :

The above appeal is filed against the award dated Zi Isl 02 in

OP(MV Noli g0|S of the Motor Accidents Claims 'Tribunal,

A wets as een settled by the above parties on the following terms:

/

1) The appella has agreed to accept a sum of rs..5. stenances -

(Rupees wh Phar we. Only) as additional compensation from the Respondent Insurance Co. Ltd. inclusive of interest and cost by way of full and final settlement of all claims of the appellant against the respondent Insurance Company..

2) The appellant shall furnish the account particulars and pan card details of the claimant in whose name the amount is to be deposited, within one month from the date of judgment.

3) The Insurance Company shall effect the deposit by transfer to the respective account of the Appellant/Claimant within two months from the date of receipt of the copy of the judgment of the Hon'ble High Court.

4) In case the appellant/claimant fail to furnish the account details as per condition no.2 above, the running of interest would stop and if the insurer fail to deposit the amount as per condition 3, even after furnishing the details by the appellant/Claimant, interest shall be payable at the same rate as contained in the award from the date of default.

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5) Since the policy in respect of the offending vehicle is admitted by the o®aarespondent Insurance Company and the liability is also admitted, the other respondents are riot necessary parties to this agreement and hence not made as parties.

5) The above settlement is reached between the parties at their free wil and there is no threat, coercion or undue influence in arriving at the above settlement. Hence it is humbly prayed that this hon'ble court may be pleased to record the above settlement and pronounce a judgment in terms of the above settlement.

Dated this the 21st day of August 2025.

Appellant Respondent Abbas, 9+ Umdedk Dad Semone, Poy by The Brine Wiis Counsel for the appellant C Counsel for the word far: Pehaclee? - R-T bt biS Gl 47

This settlement agreement is authenticated by me.

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