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2024 Supreme(Online)(KER) 37732

HIGH COURT OF KERALA
Easwaran S., J
ANANTHU VIJAYAN – Appellant
Versus
NEW INDIA ASSURANCE CO. LIMITED. – Respondent


JUDGMENT

The appellant, a seventeen(17) year old boy claiming that he was a coolie worker, had approached the Motor Accidents Claims Tribunal, Neyyattinkara, claiming compensation for an accident which occurred on 20.07.2015 at 8.45 a.m. He was a pillion rider on a bike bearing Registration No.KL-19-E-3823 from Kattiluvila to Vattavila through the side road and when the bike reached at Vattavila AG Church, a car bearing Registration No.KL 04-J-4134 hit behind the bike and as a result of the impact the claimant fell on the road and sustained serious injury. Immediately after the accident the appellant was brought to the General Hospital, Neyyattinkara and was referred to Medical College Hospital, Thiruvananthapuram. He was admitted there and a major surgery was conducted. He claimed that he was earning a monthly income of Rs.15,000/- per month and as a result of the injury he sustained permanent disability. In order to prove the claim, Exts.A1 to A48 documents were marked on his side. No oral or documentary evidence was adduced on the side of the insurance company. During the course of the trial of the claim petition, the claimant – appellant was brought before the tribunal in a stre

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