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2025 Supreme(Ker) 1594

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen
Ayoob – Appellant
Versus
National Insurance Co.Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.Esm.Kabeer
For the Respondent: P.A.Reziya

JUDGMENT :

Shoba Annamma Eapen, J.

This appeal is filed by the appellant/claimant in O.P (MV) No.1138 of 2011 on the file of the Motor Accidents Claims Tribunal, Tirur. The respondents herein are the respondents before the tribunal.

2. According to the appellant/claimant, on 31.05.2011 at about 08.30 am, while the petitioner was riding the motorcycle bearing registration No.KL-10-R-3108, a mini lorry bearing registration No.KL-08-B-8694 driven by the 1st respondent in a rash and negligent manner and in over speed hit on the motorcycle. As a result of the accident, the petitioner sustained serious injuries. The appellant approached the tribunal claiming a total compensation of Rs.13,18,000/-.

3. Before the tribunal, respondents 1 and 2 remained ex parte. The 3rd respondent-insurer, admitting the policy, but disputing the quantum of compensation claimed. Before the tribunal, oral evidence of Pws 1 and 2 were examined and documentary evidence of Exts.A1 to A12 were marked on the side of the petitioner. Ext.C1 was marked as court exhibits. The tribunal, after analysing the pleadings and materials on record, awarded a sum of Rs.6,14,000/- as compensation under different heads with interest

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