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2024 Supreme(Online)(KER) 34880

HIGH COURT OF KERALA
JOHNSON JOHN, J
HAREES – Appellant
Versus
MOHANACHANDRAN – Respondent


Advocates:
K.T.SAJU, N.S.NAJEEB

J U D G M E N T

The appellant was the petitioner in OP(MV)

No.1072 of 2008 on the file of the Motor Accidents Claims Tribunal, Alappuzha.

2. According to the appellant on 09-04- 2007 at about 7.30 p.m., while he was pulling a concrete mixing machine along Kollam - Alappuzha road near Purakkad Church, car bearing registration No.KL 08/AK-9612 driven by the first respondent in a rash and negligent manner caused to hit him and thereby, he sustained serious injuries. The first respondent is also the owner of the offending vehicle and respondent No.2 is the insurer.

3. Before the Tribunal, Exts.A1 to A7 and Ext.X1 were marked from the side of the petitioner and no evidence was adduced from the side of the respondents.

4. After trial and hearing both sides, the Tribunal found that the accident occurred due to the negligence on the part of the first respondent and awarded a total compensation of Rs.7,65,900/- to the petitioner.

5. The appellant is challenging the quantum of compensation determined by the Tribunal under various heads on the ground that the same is inadequate.

6. Heard Sri.K.T.Saju, the learned counsel for the appellant and Sri.N.S,Najeeb, the learned counsel for the second respo

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