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2025 Supreme(SC) 1904

K. VINOD CHANDRAN, N. V. ANJARIA
Riyas – Appellant
Versus
P. N. Shinosh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Krishna Dev Jagarlamudi, Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mrs. Devika A.L., Adv. Mr. Santhosh K, Adv.
For the Respondent(s): Sunder Lal Gupta, Adv. Mr. Varinder Kumar Sharma, AOR Sanathana Bhaarath, Adv. Asutosh Sharma, Adv. Mrs. Gunjan Sharma, Adv.

JUDGMENT

N.V. ANJARIA, J.

Seeking enhancement in the motor accident compensation, the present appeal is directed against the judgment and award dated 7th January, 2020 passed by the High Court of Kerala, Ernakulam in MACA No. 89 of 2009.

2. The Motor Accident Claims Tribunal, Thrissur, upon an application filed by the injured-claimants under Section 166 of the Motor Vehicle Act, 1988, awarded a total compensation of Rs. 1,73,000/- together with interest @ 7% p.a. In the appeal, the High Court enhanced it awarding additional compensation of Rs. 5,75,883/- with interest. Further enhancement is pleaded.

3. The case pertains to a 14 years old minor student, who was studying in 7th standard and suffered 77.1% permanent disability on account of the injuries sustained by him in the motor accident. The accident took place on 19.04.2002 at about 12.15 pm. The appellant was travelling with other persons in an auto rickshaw bearing registration No. KL-9K-1413. The said auto rickshaw was hit by a lorry bearing No. KRR-6987. The lorry was owned by respondent No. 1, was driven by respondent No.2, and was insured with respondent No. 3-Insurance Company.

3.1 The Claims Tribunal concluded that the accid

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