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2025 Supreme(Ker) 1652

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Rankaraj, S/o. Thankavel – Appellant
Versus
Santhoshkumar, S/o. Venugopalan – Respondent


Advocates Appeared:
For the Appellant : Mathew John (K), Aby J. Augustine.
For the Respondent: Sebastian Varghese.

JUDGMENT :

The petitioner in O.P.(M.V.) No. 01 of 2018 on the file of the Additional Motor Accidents Claims Tribunal-I, Thodupuzha, 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 28.07.2017.

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

On 28.07.2017, at 7.50 a.m., while the petitioner was travelling in an autorikshaw bearing registration No.KL-37-9367 from Pampadumpara to Kattappana, driven by the 1st respondent in a rash and negligent manner and when the autorikshaw reached near Aanakuthy bus stop, the autorikshaw overturned onto the road. Due to the same, the petitioner as well as other passengers in the autorikshaw sustained serious injuries.

3. The owner cum driver of the autorikshaw was arrayed as 1st respondent, whereas, the insurer of the said autorikshaw was arrayed as the 2nd respondent. The 2nd respondent contested the petition by filing a written statement mainly disputing the quantum of compensation claimed, despite admitting insurance coverage for the autorikshaw involved in the accident. Petitioner's evidence consists of Exts. A1 to A25. The do

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