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2024 Supreme(Ker) 441

SHOBA ANNAMMA EAPEN
Raju K. J. S/o Jose K. K. – Appellant
Versus
Deepak T. V. S/o Vincent – Respondent


Advocates:
Advocate Appeared:
For the Appellants : C. Harikumar, Renjith Rajappan.
For the Respondents: V.O. Philomina, Viju Thomas, M. Meena John, Mikhiya Anna Viju.

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

1. The appellant is the claimant in OP (MV) No. 381 of 2012 on the file of the Additional Motor Accidents Claims Tribunal, Thrissur, a petition filed under Section 166 of the Motor Vehicles Act, 1998, claiming a sum of Rs. 3,00,000/- as compensation for the injuries sustained by him in a motor accident. The respondents herein were the respondents before the tribunal.

2. The case of the appellant/claimant is that on 28.08.2011 at 7.50 pm, while he was riding a motorcycle bearing Reg. No. KL-08/AJ-9516 through the Vilakkumkal-Vadakke Karamuck public road, a motorcycle bearing Reg. No. KL-08/AL-1117 ridden by the second respondent and owned by the first respondent came in a rash and negligent manner and hit against the appellant causing him grievous injuries. Respondents 1 and 2 remained ex-parte. The third respondent insurer filed a written statement admitting the policy coverage for the offending vehicle, however, disputing the compensation claimed as excessive and exorbitant. It was contended that the second respondent was not having a valid driving licence and the police has already charge sheeted the second respondent for the offences under Section

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