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2025 Supreme(Ker) 2653

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Sreekumar – Appellant
Versus
Ajithkumar – Respondent


Advocates Appeared:
For the Appellant : ADV SRI.B.RENJITHKUMAR
For the Respondent: ADV SHRI.RAJAN P.KALIYATH

Table of Content
1. claimant's injury resulting from negligent driving. (Para 2 , 3)
2. assessment of pain and suffering damages. (Para 5)
3. modification of tribunal's award for future medical expenses and total compensation. (Para 6 , 8)

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

This appeal is filed by the claimant in O.P (MV) No.247 of 2003 on the file of the Additional Motor Accidents Claims Tribunal, Mavelikkara. The respondents herein are the respondents before the tribunal.

2. According to the appellant/claimant, on 07.09.2001 at about 07.50 am, while the claimant was pillion riding on a motorcycle bearing reg. no. KL-4B/2492, a car bearing registration No.KRT-212 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle. As a result, the claimant had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹14,09,000/- limited to ₹12,00,000/-.

3. The first, second and third respondents were the driver, owner and insurer of the offending vehicle respectively. The third respondent, insurer of the offending vehicle filed a written statement admitting the insurance policy, but disputing the quantum of compensation claimed.

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