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2024 Supreme(Online)(KER) 46366

HIGH COURT OF KERALA
Shoba Annamma Eapen, J
LIJO KURIAN – Appellant
Versus
THE MANAGING DIRECTOR – Respondent


Advocates:
P.S.SIDHARTHAN, SRI.V.V.SADANANDAN (SREEMOOLANAGARAM), SRI.RENJITH RAJAPPAN, ALEX ANTONY SEBASTIAN P.A., SRI.P.C.CHACKO, SC, KERALA STATE ROAD TRANSPORT CORPN.

Table of Content
1. accident details and compensation claim (Para 2 , 3 , 4)
2. enhancement of compensation claims (Para 5)

JUDGMENT

Dated this the 28th day of June, 2024 This appeal has been filed by the claimant in OP(MV) No.628 of 2007 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein were the respondents before the Tribunal.

2. According to the appellant, on 29.01.2007, at about 3.45 p.m., while he was riding a motorcycle bearing registration No.KL-08/AC-8817 through Thrissur – Palakkad National Highway, a KSRTC bus bearing registration No.KL-15- 5730 driven by the second respondent in a rash and negligent manner, hit against the motorcycle, whereby he sustained severe injuries. The appellant approached the Tribunal claiming a total compensation of ₹2,26,600/-.

3. The first respondent filed a written statement contending that the accident occurred due to the rash and negligent riding of the motorcycle by the claimant. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A13 were marked on the side of the appellant. The Tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,40,130/- as compensatio

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