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2025 Supreme(Ker) 1535

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Joshy S/o. Varghese – Appellant
Versus
Thomas V.T. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.C.SURESH MENON, P.S.APPU, A.R.NIMOD
For the Respondent: SMT.DEEPA GEORGE

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

Since these two appeals arise from the very same award dated 15.05.2017 in O.P(MV) No.742 of 2013 filed by the appellant/claimant on the file of the Motor Accidents Claims Tribunal, Tirur, the appeals are heard together and being disposed of by this common judgment. M.A.C.A.No.2937 of 2018 is filed by the appellant/claimant seeking enhancement of compensation granted by the Tribunal, whereas M.A.C.A.No.4078 of 2017 is filed by the Insurance Company challenging the finding of negligence on the part of the first respondent/driver of the mini bus (second respondent in the appeal) and also challenges quantum of compensation awarded by the Tribunal. The parties are hereinafter referred to as arrayed in the O.P.(MV).

2. According to the appellant/claimant, on 20.04.2013 at about 2.00 am, while he was travelling in a minibus bearing registration No.KL-9-Q-0281 along Kuttipuram – Edappal State Highway and when the vehicle reached at Kandanakam, the first respondent, the driver of the minibus negligently negotiated another vehicle and lost control over it and hit against another bus bearing registration No.KA-01-AB-4159 driven by the fourth respondent. Due to

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