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2021 Supreme(SC) 644

JITHENDRAN – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


Advocates appeared:
For the Petitioner(s):A. Karthik, Sajith. P, Saaketh Kasibhtia, Advocates
For the Respondent(s):J.P.N. Shahi, Rameshwar Prasad Goyal, Advocates

JUDGMENT :

Hrishikesh Roy, J.

1. Heard Mr. A. Karthik, learned counsel for the appellant (claimant). Mr. JPN Shahi, learned counsel appears for the insurance company (respondent no1).

2. Leave granted. This appeal arises out of a motor accident claim following the serious injuries suffered by the appellant on 13.4.2001 when the motor cycle (where the appellant was riding pillion), was hit by a car. Both riders were impacted, resulting in severe head injuries to the appellant. He was bedridden, totally immobilized and initially, remained admitted in the hospital for 191 days. The appellant has also suffered severe impairment of cognitive power with hemiparesis and total aphasia and the prognosis for him is 69%permanent disability.

3. The claim filed by the pillion riding appellant was analogously considered with other claimants from the same accident, by the Motor Accident Claims Tribunal, Thrissur (hereinafter referred to as, ‘the Tribunal’ for short).The Presiding Officer noticed that the severely impaired pillion rider needed support of two persons, holding him from either side a

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