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2025 Supreme(Ker) 1666

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN
Muhammed Shahid, S/o. Abdul Majeed – Appellant
Versus
Abubakkar, S/o. Moytheenkoya – Respondent


Advocates Appeared:
For the Appellant : Divya B. Nair.
For the Respondent: Lal K. Joseph, Suresh Sukumar, Anzil Salim.

JUDGMENT :

The petitioner in O.P.(M.V.) No. 1465 of 2019 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, 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 02.04.2019.

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

On 02.04.2019, at about 7.15 a.m., while the petitioner was riding a motorcycle bearing registration No. KL-75-F-4568 through Padanilam- Narikkuni road and reached near a place called Kuzhiprakunnu, a car bearing registration No. KL-11-AN-8055 driven by the 2nd respondent in a rash and negligent manner hit on the motorcycle ridden by the petitioner. Due to the impact of the hit, the petitioner was thrown onto the road, causing severe injuries on him.

3. The owner and driver of the offending car were arrayed as 1st and 2nd respondents respectively, whereas, the insurer of the car was arrayed as the 3rd respondent. The 3rd respondent contested the petition by filing a written statement mainly disputing the quantum of compensation claimed, despite admitting insurance coverage for the car involved in the accident.

4. During trial, th

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