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2022 Supreme(Online)(KER) 21684

THE ORIENTAL INSURANCE CO.LTD – Appellant
Versus
SUBHASH T.V – Respondent


COMMON JUDGMENT

As these appeals arise out of the same award, between the same parties and of the same Tribunal, they are being disposed of by this common judgment. The parties are, for the sake of convenience, referred to as per their status before the Tribunal.

2. The petitioner had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries that he sustained in an accident on 26.10.2003. It was his case that, on the aforesaid date, while he was riding his motorcycle bearing registration No.KL 8V 876 through the Thirssur-Kanimangalam road, a car bearing registration No. KEH 8145 (car), driven by the first respondent in a negligent manner, hit the motorcycle of the petitioner. The petitioner sustained serious injuries including an head injury, depressed fracture of the right supra orbital rin, fracture of the right Zygoma and a comminuted fracture upper 1/3rd of the Tibia and a fracture of the upper end of the Fibula. He was treated as an inpatient for a period of 63 days at the Elite Mission Hospital, Thrissur. The petitioner was a business franchise of a courier service and was earning a monthly income of Rs.8000/-

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