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2025 Supreme(Online)(Ker) 37098

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
DR. CENTIL MATHEWS A. – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.HARIKUMAR, SHRI.ARUN KUMAR M.A, SMT.SANDRA SUNNY
For the Respondents: SRI.RINNY STEPHEN CHAMAPARAMPIL

JUDGMENT

The petitioner in O.P.(M.V.) No.2477/2013 on the file of the Motor Accidents Claims Tribunal, Thrissur has preferred 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 08.08.2013.

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

3. On 08.08.2013 at 9:00 a.m., while the petitioner was riding his scooter bearing Reg. No.KL-08-AZ-8890 through Chavakkad - Kunnamkulam public road and when he reached North Bypass Junction, Chavakkad, another motorcycle bearing Reg. No.KL-46-H-3162 came from opposite side ridden by the 2nd respondent in a rash and negligent manner hit on the scooter ridden by the petitioner. Due to the impact of the hit, the petitioner sustained severe injuries.

4. The owner and the driver of the offending motorcycle were arrayed as 1st and 2nd respondents respectively, whereas, the insurer was arrayed as 3rd respondent.

5. The 3rd respondent contested the petition by written statement mainly disputing the quantum of compensation claimed. However, the 3rd respondent admitted insurance coverage for the motorcycle involved in the accident.

6. During trial,

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