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2025 Supreme(Online)(Ker) 34416

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Judge, J
RAJU K.K. – Appellant
Versus
SAROJ NAIR – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents: Senior Counsel

J U D G M E N T

This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioner in O.P.(MV) No.2094/2012 on the file of the Additional Motor Accidents Claims Tribunal, Thrissur, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 21/05/2019. The respondents herein are the respondents in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. According to the claim petitioner, on 04/09/2011 at about 09:30 p.m., while he was riding his motorcycle bearing registration No.KL-08/AU-9313 through Perumbillissery- Poochinnipadam public road and when he reached near Murali Tile Factory, Poochinnipadam, car bearing registration No.KL-08/AL- 4048 driven by the second respondent in a rash and negligent manner knocked him down as a result of which he sustained grievous injuries. An amount of ₹33,00,415/- was claimed as compensation under various heads.

3. The first respondent/owner and the second respondent/driver remained ex parte.

4. The third respondent/insurer filed written statement admitting the policy, but denying negligence on the part of the second r

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