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2024 Supreme(Online)(KER) 50922

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
ABDU – Appellant
Versus
ALI (DELETED) – Respondent


Advocates:
SRI.P.SAMSUDIN SMT.NIMA JACOB, ADV.S.K.AJAY KUMAR P.VENUGOPAL

Table of Content
1. dispute over quantum of compensation (Para 2 , 3 , 4 , 5 , 6 , 7)
2. appeal allowed with additional compensation (Para 8)
3. clarification on right of recovery (Para 9)

JUDGMENT

The appellant was the petitioner in O.P.(M.V.) No.29/2008 on the files of Motor Accidents Claims Tribunal, Manjeri. The said claim petition was submitted by him seeking compensation for the injuries sustained to him in a motor accident that occurred on 17.01.2007. According to him, while he was walking along the edge of the road at Angadipuram, he was knocked down by an ambulance driven by the 1st respondent. The said vehicle was owned by the 2nd respondent and it was insured with the 3rd respondent. According to him, he was aged 51 years and was a Government School Teacher, with a monthly income of Rs.11,026/-. Due to the accident, he sustained very serious injuries and the claim petition was submitted in such circumstances.

2. The 3rd respondent Insurance Company alone contested that matter by filing a written statement wherein they admitted the coverage of policy for the ambulance. However, they disputed the negligence as well as quantum of compensation. The Insurance Company further conten

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