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2023 Supreme(Online)(KER) 12204

HIGH COURT OF KERALA
SOPHY THOMAS, J
ANIL KUMAR S. – Appellant
Versus
PHILIP PETER @ WILSON – Respondent


Advocates:
SRI.T.K.KOSHY, SMT.V.V.RISANI, ADV GEORGE CHERIAN (SR.), SC

J U D G M E N T

This appeal has been preferred by the claimant in O.P(MV) No.

1001 of 2003 on the file of Motor Accidents Claims Tribunal, Pathanamthitta, challenging the quantum of compensation awarded by the Tribunal as well as the finding of contributory negligence against him.

2. The appellant was a 32 year old Soldier serving in Indian Army during the period of accident. While he was on leave at his native place at Thiruvalla, on 21.04.2003 at 10.30 p.m, he met with a road traffic accident. While he was riding his motorcycle through Mannar-Thiruvalla public road carrying his wife on the pillion seat, at Cyclemukku junction he was knocked down by KL-5/C-318 mini lorry driven by the 1st respondent, in a rash and negligent manner. Actually he was trying to go to the road on the western side, after putting signal light. Himself and his wife fell down and sustained injuries. He suffered fracture of both bones of his right leg and he was taken to Thiruvalla Medical Mission Hospital from there to Military Hospital, Kochi, and thereafter, he was taken to Military Hospital, Bangalore, for better treatment. He suffered disability also due to the injuries he had suffered in the accident. H

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