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2025 Supreme(Ker) 2888

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen
Amal T Venu – Appellant
Versus
Shiju, S/O.Velappan – Respondent


Advocates Appeared:
For the Petitioner: Sri.R.Bindu (Sasthamangalam), Sri.Prasanth M.P
For the Respondent: K.B.Ramanand, Dhanya Babu M B - For Sc

Table of Content
1. tribunal's initial award of compensation deemed insufficient given evidence. (Para 3)
2. arguments presented to enhance the awarded compensation. (Para 4 , 5)
3. court reviews and adjusts compensation based on legal and factual assessment. (Para 6)

JUDGMENT :

Shoba Annamma Eapen, J.

This appeal is filed by the claimant in O.P (MV) No.715 of 2013 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha. The respondents herein are the respondents before the tribunal.

2. The case of the claimant is that on 27.07.2013 at about 3.30 p.m., while the claimant was riding a motorcycle bearing Reg. No.KL-44/B 9529, an autorickshaw bearing Reg. No.KL-6/D 9782 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle, whereby the claimant sustained serious injuries. The claimant approached the Tribunal claiming a total  compensation of ₹3,50,000/-.

3. The first respondent, driver of the offending vehicle, remained ex parte before the tribunal. The second respondent Insurance Company filed a written statement, admitting the insurance policy, but challenging the quantum of compensation claimed. Before the tribunal PW1 was examined and Exts. A1 to

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