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2021 Supreme(Online)(KER) 46936

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
PRATHAPAN T.K. – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
G.BALAMURALEEDHARAN (PARAVUR), SMT.LEKSHMI S.SEKHER, SRI.A.R.GEORGE

JUDGMENT

The appellant herein is the petitioner in O.P.

(MV).No.18/2013 on the file of the Motor Accidents Claims Tribunal, North Paravur. The aforesaid claim petition was filed by him seeking compensation for the injuries sustained in a motor accident occurred on 26.09.2012. The accident occurred when the motor cycle ridden by him through Kodungalloor – Irinjalakuda road was collided with another motor cycle ridden by the 1st respondent in the claim petition. The motor cycle bearing registration No.KL-47/B-6206, which was being ridden by the 1st respondent was insured with the respondent herein, who was the 2nd respondent before the Tribunal. It was contended that he sustained serious injuries due to the accident, which resulted in permanent partial disablement as well. It was contended that the accident occurred due to the sole negligence of the 1st respondent. An amount of Rs.10,00,000/- was claimed as the compensation from the respondent in the claim petition.

2. The 1st respondent did not contest the claim petition and he was set ex parte. The 2nd respondent in the claim petition, who is the respondent herein filed a written statement disputing the negligence and quantum of compe

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