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2025 Supreme(Ker) 1415

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. JUSTICE SHOBA ANNAMMA EAPEN, J
Ratheesh S/o Chakkan – Appellant
Versus
Sreenivasan S/o Vijayan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Sreehari
For the Respondents: P.K. Mohanan, P.A. Reziya

JUDGMENT :

1. This appeal has been filed by the claimant in OP (MV) No.1028 of 2009 on the file of the Motor Accidents Claims Tribunal, Ottapalam. The respondents herein were the respondents before the tribunal.

2. The case of the appellant/claimant is that on 13.03.2009, while he was riding a motorcycle bearing Reg.No.KL-52-1411 from Mala to Koottanad, another motorcycle bearing Reg.No.KL-52-4451 ridden by the first respondent in a rash and negligent manner, hit against the motorcycle ridden by the claimant, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of Rs. 4,00,000/-.

3. The first respondent appeared before the tribunal. The second 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 A15 and Ext.X1 were marked on the side of the appellant/claimant. Exts.B1 to B4 were marked and RW1 was examined on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, assessed a sum of Rs. 4,25,469/- as compensation under different heads. However, finding that

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