IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KUMAR – Appellant
Versus
ORIENTAL INSURANCE CO. LTD – Respondent
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.131 of 2009 on the file of the Motor Accidents Claims Tribunal, Attingal dissatisfied with the quantum of compensation awarded by the tribunal. The respondent herein is the 3rd respondent before the tribunal.
2. According to the claimant, on 23.10.2008 at about 9.00 p.m., while the claimant was walking along the footpath, he was knocked down by a Maruti van bearing registration No. KL-21/9764, which was being driven by the 2nd respondent in a rash and negligent manner. As a result of the accident, the claimant had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,84,000/- limited to ₹50,000/-.
3. The 1st respondent/owner and 2nd respondent/driver of the offending vehicle remained ex parte before the tribunal. The third respondent/insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal Exts.A1 to A6 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,77,623/- as compensation under different heads with interest @9% per annum from the date of petition till r
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