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2022 Supreme(SC) 1778

SURYA KANT, J. B. PARDIWALA
Riyadh M @ Anes – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates Appeared:
Mr. L.S. Nishad, Adocate, Ms. Anzu. K. Varkey, Adocate,for the Appellant.;

ORDER

1. Leave granted.

2. The appellant assails the Order dated 13-12-2019 passed by the High Court of Kerala, whereby the award dated 20-5-2015 passed by the Motor Accidents Claims Tribunal, Pathanamthitta, Kerala has been modified and the compensation to the tune of Rs.5,95,590/-with 9 per cent interest from the date of original petition along with proportionate cost of Rs.34,529/- as awarded by the Tribunal, has been reduced by Rs.1,62,000/-.

3. Notice in this appeal was issued and as per the Office Report, the respondent was duly served but has not entered appearance. The respondent - Insurance Company is, thus, proceeded against ex-parte.

4. The facts on record reveal that the appellant, a 21 years old young man, was working as an Electrician. He was travelling on a Motor Cycle bearing Registration No.KL-30/4908 as a pillion rider and when they reached at Kuttoor Panchayat Office Junction, one Ape pick-up vehicle bearing Registration No. KL-3/K-9859 insured by the respondent - Insurance Company dashed into the Motorcycle of the appellant. The van was allegedly driven in a rash and negligent manner. The appellant fell down and received multiple injuries. The accident took place on

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