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2025 Supreme(Online)(Ker) 37102

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
PREMACHANDRAN – Appellant
Versus
RIYAS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ANIL KUMAR K.P.
For the Respondents: SHRI.C.SIVANUNDAN, SRI.S.K.AJAY KUMAR

JUDGMENT

The petitioner in OP(MV) No.1920/2018 on the file of the Motor Accident Claims Tribunal, Kozhikode, has preferred this appeal seeking enhancement of the compensation awarded by the tribunal on account of the injuries sustained by him in a motor accident that occurred on 27.11.2017.

2. The case of the petitioner in brief is as follows:-

On 27.11.2017 at about 4 p.m., while the petitioner was riding a scooter bearing registration No.KL-11/AP-5162 along Arayadathpalam - Eranhippalam Mini by-pass road, and when reached near Sarovaram Bio-park, a car bearing registration No.KL-65-E-4673, driven by the 1st respondent in a rash and negligent manner, hit the scooter ridden by the petitioner. Due to the impact of the hit, the petitioner was thrown onto the road and sustained serious injuries.

3. The driver and owner of the car bearing registration No.KL-65-E-4673 were arrayed as the 1st and 2nd respondents, respectively, whereas the insurer was arrayed as the 3rd respondent.

4. The 3rd respondent contested the petition by filing a written statement, mainly disputing the quantum of compensation claimed, despite admitting the insurance coverage for the car involved in the accident.

5. Duri

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