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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHERRY JOSEPH – Appellant
Versus
THOMAS JOSE @ TOMY – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to injuries sustained in a motorcycle accident. (Para 1 , 2 , 3) |
| 2. court's observations on evidence and liability of the insurer. (Para 4 , 11 , 12 , 13 , 14) |
| 3. discussion on the maintainability of cross-objections in appeals. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. assessment and enhancement of compensation based on evidence. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 5. final ruling and directions for compensation payment. (Para 24 , 25) |
JUDGMENT
Dated : 30th January, 2025 The petitioner in OP(MV).331/2002 on the file of the Motor Accidents Claims Tribunal, Thalassery is the appellant. He filed the above OP under Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 25.12.2000. According to the petitioner, while he was travelling in a scooter bearing registration No.KL-14-3761 as pillion rider, the 1st respondent who was the rider of the motor cycle driven the same in a rash and negligent manner and the motor cycle capsized and he sustained grievous injuries. The 2nd respondent is the insurer and 3rd respondent is the owner of the above motor cycle. In the OP he claimed a co
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