The appellant is the claimant in O.P.(MV) No.164 of 2015 on the file of the Motor Accidents Claims Tribunal, Pala. The said claim petition was filed by the appellant herein, claiming an amount of Rs.15,00,000/- as compensation in respect of injury to him in a motor accident on 04.01.2015. The Tribunal awarded an amount of Rs.8,14,365/- as compensation under different heads, directing the third respondent insurer to deposit the said amount along with interest at the rate of 9% per annum from the date of petition till the date of realisation. Being dissatisfied with the quantum of the 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 Standing Counsel for the third respondent insurer submitted that the matter has been settled between the parties and a joint statement dated 12.06.2024 has been filed before this Court, wherein it is stated that the claim of the appellant has been settled by the third respondent-insurer, agreeing to deposit an 2024:KER:75574 M.A.C.A. No. 2462 of 2017 3 additional amount of Rs.2,10,000/-(Rupees Two lakhs ten thousand only), inclusive of all the interests and costs to the appellant, by way of full and final settlement of all the claims of the appellant against the respondents. The 3rd respondent hereby agrees to deposit the above amount before the Tribunal, within a period of 2 months from the date of receipt of the certified copy of judgment of this Court and in case of default as stated above, the 3rd respondent, Insurance Co, is liable to pay interest at the rate of 8% p.a. from the date of default, till the date of deposit.

3. In the light of the joint statement filed by the parties, the impugned award is modified by directing the third respondent to pay an additional amount of Rs.2,10,000/- (Rupees Two lakhs ten thousand only), inclusive of all the interests and costs to the appellant, by way of full and final settlement of all the claims of the appellant against the respondents. The 3rd respondent hereby agrees to deposit the above amount before the Tribunal, within a period of 2 months from the date of receipt of the certified copy of judgment of this Court and in case of default as stated above, the 3 rd respondent, 2024:KER:75574 M.A.C.A. No. 2462 of 2017 4 Insurance Co, is liable to pay interest at the rate of 8% p.a. from the date of default, till the date of deposit.

The appeal is disposed of, in terms of the joint statement filed as above. The joint statement form part of the judgment.

SHOBA ANNAMMA EAPEN JUDGE S.M.K. BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM MACA No. 2462 of 2017 Shinto Thomas -Appellant/petitioner VS Joy Scaria and others -respondents/respondents JOINT STATEMENT FILED BY THE APPELLANT AND 3RD RESPONDENT

1. The above appeal is filed against the award dated 18/04/2017 in OP (MV) No. 164/2017 of The Motor Accidents Claims Tribunal, Pala. The OP (MV) No. 164/2017 was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained to the appellant in a motor traffic accident, happened on 04/01/2015. The appellant claims a compensation of € 15,00,000/-(fifteen lakhs only). The Tribunal awarded a compensation of € 8, 14, 365/-(eight lakhs fourteen thousand three hundred and sixty five only) under various heads with interests at the rate of 9% from the date of petition (13/03/2015) till proportionate costs. Challenging the quantum of compensation awarded by the Tribunal, the above appeal is preferred.

2. The 3rd respondent had admitted the coverage of insurance policy in respect of the offending vehicle and its liability to pay compensation. In the above circumstance, the appellant and 3rd respondent had agreed to have negotiation, in order to settle the disputes in between them. In the negotiation held in between the appellant and 3rd respondent a compromise at settlement was arrived at in full and final settlement of all the claims of the appellant against the respondents arising out of the aforesaid accident and the original petition mentioned above.

3. It is agreed that the 3rd respondent Insurance Co shall pay an additional compensation of € 210,000/-(Two lakhs Ten thousand only), inclusive of all the interests and costs to the appellant, by way of full and final settlement of all the claims of the appellant against the respondents.

4. The 3rd respondent hereby agrees to deposit the above amount before the Tribunal, within a period of 2 months from the date of receipt of the certified copy of judgement of this honourable Court and in case of default as stated above, the 3rd respondent, Insurance Co, is liable to pay interest at the rate of 8% p.a. from the date of default, till the deposit.

5. The above settlement is arrived at without any coercion or undue influence from any corner to either the appellant or to the 3rd respondent. This settlement will form part of the judgement of the honourable High Court of Kerala.