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2025 Supreme(Online)(Ker) 56498

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RAJESH – Appellant
Versus
MUKESH KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.A.R.NIMOD
For the Respondents: SRI.DINESH MATHEW, J.MURICKEN, SRI.JOHN DANIEL (OLAPPURA)

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.150 of

2007 on the files of the Motor Accidents Claims Tribunal, Thrissur, claiming compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 27.11.2006, while he was riding a motorcycle bearing Reg.No.KL-8/AA 1093 through Karunakaran Nambiar road, a bus bearing Reg.No.KL-8/D 9000 driven by the second respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming compensation of ₹6,36,000/- limited to ₹6,00,000/-.

3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. PW1 to PW3 were examined and Exts.A1 to A23, B1 & X1 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹1,39,660/- as co

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