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2025 Supreme(Online)(Ker) 53506

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
VINCE PETER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.THOMAS M.JACOB, SMT.V.K.ANJU, SRI.K.H.ANSAR, SRI.T.R.JERRY SEBASTIAN
For the Respondents: SRI.MATHEWS K.PHILIP, SHRI.SEBASTIAN VARGHESE(K/141/2000), SMT.T.MANASY, SMT.P.C.JEEVA, SRI.K.JANARDHANAN, SRI.K.J.MANU RAJ, SRI.T.R.JERRY SEBASTIAN, SHRI.SEBASTIAN VARGHESE(K/141/2000), SRI.THOMAS M.JACOB

JUDGMENT

Since these two appeals arise from the very same award dated 17.10.2014 in O.P (MV) No.500/2012 on the file of the Motor Accidents Claims Tribunal, Ernakulam, these appeals are heard together and are being disposed of by this judgment. M.A.C.A. No.218 of 2015 is filed by the 3rd respondent, insurer in the O.P challenging the quantum of compensation awarded by the tribunal, whereas M.A.C.A. No.1222 of 2015 is filed by the claimant in the O.P, seeking enhancement of compensation awarded by the tribunal.

2. According to the claimant, on 27.11.2011, while the claimant was riding the motorcycle bearing Reg.No.KL- 40/828 along the Sahodaran Ayyappan Road, a Scorpio car bearing Reg.No.KL-07/BE 2437 driven by the 1st respondent in a rash and negligent manner, turned to the right without a signal and thereby the rear left portion of the car hit against the motorcycle and the claimant was thrown away and fell under the bus bearing Reg.No.KL-4S-7515 driven by the 4th respondent, whereby the tyre of the bus ran over the left leg of the claimant and sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹51,24,000/-.

3. The respondents 1 to 3 we

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