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2025 Supreme(Online)(Ker) 32474

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
MUFEED V.M. – Appellant
Versus
NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.AVM.SALAHUDIN, SMT.A.D.DIVYA
For the Respondents: SHRI.N.S.NAJEEB

Table of Content
1. background of the case and accident details. (Para 1 , 2)
2. tribunal's assessment and primary contention regarding compensation. (Para 3 , 6)
3. details of the injuries and tribunal's initial compensation. (Para 4)
4. court's reasoning for enhancing compensation. (Para 7 , 8 , 9)

JUDGMENT

The petitioner in O.P.(M.V)No.1576/2019 on the file of Motor Accidents Claims Tribunal Kozhikode, has filed this appeal seeking enhancement of compensation awarded by the tribunal on account of the injuries sustained by him in a motor accident that occurred on 21.05.2019.

2. The case of the petitioner is that on 21.05.2019, while he was riding a scooter bearing registration number KL-56M-1848 through Kappad Beach – Koyilandy Harbour road and when reached at Koyilandy Harbour, a motorcycle bearing registration number KL-56-TMP 2019/525, ridden by the 1st respondent in a rash and negligent manner, hit on the scooter which the petitioner was riding, causing him serious injuries.

3. The owner cum driver of the of the offending motorcycle was arrayed as 1st respondent whereas the insurer was arrayed as 2nd respondent. The 2nd respondent, contested the petition by filing a written statement

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