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2016 Supreme(Online)(KER) 4490

HIGH COURT OF KERALA
P.R.RAMACHANDRA MENON, ANIL K. NARENDRAN, JJ
SAJEEVAN – Appellant
Versus
N.MACHILI SWAMI – Respondent


Advocates:
SRI.P.V.CHANDRA MOHAN, SRI.MATHEWS JACOB (SR.), SRI.P.JACOB MATHEW

JUDGMENT

Ramachandra Menon, J.

Compensation fixed by the Tribunal in respect of the injuries sustained by the appellant in a road traffic accident involving fracture to the right femur and head injuries, besides shortening of leg by 'two inches', quantifying the same as Rs.21,600/- is sought to be interfered by way of this appeal preferred by the claimant.

2. The accident was on 10.03.1994. It is stated that the appellant, who was a general worker, while proceeding along the road was knocked down by a lorry causing serious injuries as above, which was sought to be compensated by filing a claim petition before the Tribunal. It is stated that the appellant was hospitalized for different spells, coming to a total span of '73' days. The vehicle was owned, insured and driven by the respondents 1 to 3 before the Tribunal. In support of the claim, documents were produced and marked as Exts. A1 to A10. Nobody was examined on either side and no documents were produced from the part of the respondents. The claim was sought to be resisted by the insurance company on general grounds. Though there was denial of coverage under the policy, the plea was not substantiated and no copy of the policy was

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