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2025 Supreme(Online)(Ker) 46144

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
VISAKH VIJAYAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.R.SURESH KUMAR
For the Respondents: SRI.GEORGE A.CHERIAN, SHRI.JAGADEESH LAKSHMAN, SRI.K.JACOB MATHEW, SRI.GEORGE CHERIAN (SR.)

JUDGMENT

The above writ petition is filed seeking to quash Ext.P5 and for a declaration that the petitioner is entitled for 100% disability personal accident claim, in the facts and circumstance of the case.

2. The brief facts necessary for the disposal of the above writ petition are as follows:

Petitioner is a Doctor by profession, aged 29 years. The vehicle driven by the petitioner slipped back and fallen into a cliff of 5000 ft. down. The unfortunate accident resulted in serious injuries and the petitioner is paralyzed below the hip. The petitioner had undergone treatment at various hospitals at Trivandrum and CMC Velloor and he is confined to wheelchair with a paralysis of below hip termed as 'Traumatic Paraplegia'. The police registered a case making the petitioner as accused for rash and negligent driving as evident from Ext.P1 FIR, in crime No.86/2021 of Vagamon police station. The petitioner has approached this Court to get the FIR quashed, by filing Crl. M.C.No.2719/2021 and the same is pending consideration. The petitioner had to spend several lakhs for his treatment and it is confirmed that he cannot stand on his legs or walk any more in his life. Ext.P2 is the discharge su

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