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2025 Supreme(Ker) 1411

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. JUSTICE SHOBA ANNAMMA EAPEN, J
Jose S/o Vareeth – Appellant
Versus
P. Manicka Sundharam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Sunilkumar
For the Respondents: P.A. Reziya, K.B. Pradeep, Jeevan Krishnakumar, Harisankar R.

JUDGMENT :

1. This appeal has been filed by the claimant in OP (MV) No.501 of 2014 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The respondents herein were the respondents before the tribunal.

2. The case of the appellant/claimant is that on 15.12.2005, while he was walking as a pedestrian along the Aluva Market road, a mini lorry bearing Reg.No.TN-33/AB-6820 driven by the second respondent in a rash and negligent manner, hit him, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of Rs. 8,00,000/-.

3. Respondents 1 and 2 remained ex parte before the tribunal. The respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A16 were marked and PW1 was examined on the side of the appellant/claimant. Ext.B1 was marked on the side of the third respondent. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs. 4,41,839/- as compensation under differe

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