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2023 Supreme(Online)(KER) 14165

HIGH COURT OF KERALA
Devan Ramachandran, J
SHERIN.R – Appellant
Versus
RAVEENDRA VARMA – Respondent


Advocates:
SRI.R.RAJASEKHARAN PILLAI, SRI.KURIAKOSE MATHEW, SMT.SABINA JAYAN, SRI.SHAJI M PHILIP, SRI.C.R.REGHUNATHAN, SRI.T.K.KOSHY, SRI.LAL GEORGE, SRI.SABU I.KOSHY, SRI.B.HARRYLAL, SRI SEBASTIAN VARGHESE

JUDGMENT

In a horrific accident which occurred on 12.12.2004, the motor cycle in which the appellant was travelling, was collided with the offending vehicle, driven in a rash and negligent manner. The appellant sustained serious injuries, including to his vertebrae, spinal code and brain; and the aftermath of the same, has left him in a vegetative state, being fully bed-ridden and paralyzed. He, represented through his father, thus filed OP(MV) No.1221/2005 before the Motor Accidents Claims Tribunal, Pathanamthitta (hereinafter referred to as ‘the Tribunal’ for short), seeking compensation of an amount of Rs.19,51,000/-, limited to Rs.15,00,000/-; but which has been allowed only to an extent of Rs.12,03,415/-. He assails the quantum of the compensation as being exiguous and woefully inadequate.

2. Sri.R.Rajasekharan Pillai – learned counsel for the appellant, argued that, when the learned Tribunal itself has found that his client was ‘lying like a dead body’, without any capacity to move on his own, or to take care of even his basic needs, the compensation awarded to him is much lower than what is eligible to him. He argued that the learned Tribunal has, unfortunately, not adhered to

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