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2021 Supreme(Online)(KER) 34647

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
ANIL – Appellant
Versus
MURALI – Respondent


Advocates:
ADV. SRI.V.BINOY RAM, ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL

JUDGMENT

Dated this the 25th day of March, 2021 This appeal is filed by the petitioner in O.P.

(MV).No.1140/2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakkuda. The claim petition was filed by him seeking compensation for the injuries sustained on account of the accident occurred on 28.08.2012. According to him he was a carpenter aged 43 years with a monthly income of Rs.20,000/-. It was contended that on account of the injuries, he sustained permanent disablement, which affected his earning capacity. As compensation, he claimed a amount of Rs.1,50,000/-.

2. The 2nd respondent Insurance Company alone contested the case. They filed written statement admitting the coverage of policy in respect of the vehicle involved, but disputed the liability on various grounds. Quantum of compensation sought for by the appellant was also seriously disputed. the evidence in this case consists of Exts.A1 to A11 and oral evidence of PW1, from the side of the petitioner. The Insurance certificate was produced as Ext.B1 from the side of the respondents. After the trial, the Tribunal passed an award allowing a total compensation of Rs.45,385/-. The 2nd respondent was directed to deposit

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