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2025 Supreme(Online)(Ker) 19760

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Petitioner in O.P.(M.V.) No. 299/2015 – Appellant
Versus
2nd respondent (insurer of the offending vehicle) – Respondent


Advocates:
For the Appellants/Petitioners: Sri. A.N Santhosh
For the Respondents: Sri.V.P.K Panicker

Table of Content
1. disability assessment varies; tribunal's assessment is questioned. (Para 12 , 13 , 16)
2. arguments on disability percentage and future medical expenses. (Para 14 , 15 , 18 , 19)
3. court adjusts compensation for prosthetics and future expenses. (Para 20 , 21)
4. final compensation amount determined for the petitioner. (Para 22)
5. appeal partially allowed; insurer ordered to pay enhanced compensation. (Para 23)

J U D G M E N T

Dated this the 6th day of March, 2025 The petitioner in O.P.(M.V.) No. 299/2015 on the file of the Motor Accident Claims Tribunal, Muvattupuzha, is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

2. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 30.01.2015. According to the petitioner, on 30.01.2015 at about 7.30 p.m., while he was riding a motorcycle through Kochi-Madura national highway, a Tata Indica car bearing Reg.No. KL-08/3 8241 driven by the 1st respondent in a rash and negligent manner hit him down and as a result of th

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