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2025 Supreme(Ker) 1345

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Vinod M.A. – Appellant
Versus
Oriental Insurance Company Ltd., Represented By Its Manager – Respondent


Advocates Appeared:
For the Appellant : A.N. Santhosh.
For the Respondents: R. Gireesh Varma.

JUDGMENT :

(JOBIN SEBASTIAN, J.)

The petitioner in O.P.(MV) No. 1285 of 2016 on the file of the Additional Motor Accidents Claims Tribunal-III, Alappuzha, has preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the injuries sustained by him in a motor accident that occurred on 12.08.2016.

2. The case of the petitioner in brief is as follows:-

On 12.08.2016, at 9.30 p.m., while the petitioner was riding a motorcycle bearing registration No.KL-32-C-1702 through the eastern extremity of Alappuzha - Ernakulam National Highway, a car bearing registration No. KL-33-A-1060, driven by the 1st respondent in a rash and negligent manner, hit on the motorcycle which the petitioner was riding. Due to the impact of the hit, the petitioner was thrown onto the road causing serious injuries on him.

3. The driver and owner of the offending car were arrayed as the 1st and 2nd respondents respectively, whereas, the insurer of the car was arrayed as the 3rd respondent. The 3rd respondent contested the petition by filing written statement mainly disputing the quantum of compensation claimed. However, the 3rd respondent admitted insurance coverage for the car involv

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