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2021 Supreme(Ker) 1056

A.BADHARUDEEN
National Insurance Company Ltd. – Appellant
Versus
Suseelan, S/o Sukumaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.LAL GEORGE
For the Respondent: SRI.P.V.CHANDRA MOHAN, SRI.N.M.MADHU, M.C.ASHI, Adv.

JUDGMENT :

M.A.C.A.No.2221 of 2012 is an appeal at the instance of the 3rd respondent insurance company in O.P(MV).No.3623 of 2003 on the file of the Motor Accidents Claims Tribunal, Thrissur challenging award dated 24.05.2012. The original claimant, who is the 1st respondent in this appeal, filed Cross Objection No.40 of 2014, seeking enhancement of compensation.

2. I would like to refer the parties in this appeal as `petitioner' and `insurer'.

3. Summary of the petition averments, shown off unnecessary details, for determination of this case is as follows:

4. The petitioner approached the Tribunal and filed petition under Section 163A of the Motor Vehicles Act, contending that he sustained serious injuries in an occurrence arising out of the use of an Ambassador car bearing Reg.No.KL-8/P 3211. According to the petitioner, while he was travelling in the above car from Puthur to Coimbatore and when the car reached near Yakkara bridge at Palakkad, a Maruti Esteem Car overtook the Ambassador car and obstructed the car. Thereafter, the petitioner and his friends were attacked by using weapons including a chopper and gun. The petitioner underwent treatment and accordingly he canvassed comp

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