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2024 Supreme(Online)(KER) 11634

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
SAIDALAVI – Appellant
Versus
THE MANAGING DIRECTOR – Respondent


JUDGMENT

The appellant was the petitioner in O.P.(MV).634 of 2008 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The said claim petition was submitted by him seeking compensation for the injuries sustained to him in a motor accident that occurred on 26.06.2007.

2. The accident occurred when the motorcycle ridden by the appellant along with the petitioner in O.P.(MV).No.635 of 2008 as a pillion rider, it was hit by a KSRTC bus, driven by the 2nd respondent in the claim petition. The 1st respondent is the Managing Director, KSRTC, the owner of the bus. The appellant was 25 years old at the time of the accident and was working as a construction worker with a monthly income of Rs.6,000/-. Consequent to the injuries, he claimed to have sustained very serious injuries, which resulted in permanent partial disablement in a substantial manner. The claim petition was submitted in such circumstances seeking compensation.

3. The respondents filed a written statement denying the negligence on the part of the 2nd respondent. According to them, the accident occurred due to the negligence of the appellant himself. The quantum of compensation was also seriously disputed by them.

4.

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