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2025 Supreme(Online)(Ker) 56757

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BINOY – Appellant
Versus
CHACKO MATHEW @ BINOY S/O SKARIA MATHEW – Respondent


Advocates:
For the Appellants/Petitioners: ADV SRI.K.N.RADHAKRISHNAN
For the Respondents: ADV SMT.P.K.SANTHAMMA

JUDGMENT

This appeal is filed by the claimant in OP(MV) No.395 of

2007 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, seeking enhancement of the award amount. The respondents herein are the respondents before the tribunal.

2. According to the appellant/claimant, on 20.11.2006 at about 7.30 p.m., while the claimant was pillion riding on a motorcycle bearing registration No.KL-26/406 through Konni - Pathanapuram public road, an autorickshaw bearing registration No.KL-3H-7933 driven by the first respondent in a rash and negligent manner hit against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,60,000/-.

3. Though notice was issued to the respondents, the first and second respondents, the driver and the owner of the offending vehicle, remained absent and were set ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the insurance policy, denying the liability and disputing the quantum of compensation claimed. They contended that the first respondent was not holding a valid driving licence at the time of accident. Before the tri

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