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2025 Supreme(Online)(Ker) 57346

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUNITHA ANNIE CHERIAN – Appellant
Versus
M.NEHRU – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.THOMAS ABRAHAM, SRI.ASWIN.P.JOHN, SMT.MERCIAMMA MATHEW, SRI.V.RENJITH KUMAR
For the Respondents: SMT.RAJI T BHASKAR - SC

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1044 of

2006 on the file of the Motor Accidents Claims Tribunal, Perumbavooor, claiming compensation. The respondents herein are the respondents before the tribunal.

2. According to the appellant/claimant, on 29.03.2004 at about

10.30 pm, while the claimant was riding as a pillion rider in a motorcycle bearing reg.no.KL-17/A-3954, a lorry bearing registration No.TN-02/7488 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle. As a result of the accident, the claimant had sustained serious injuries. The appellant approached the tribunal claiming a total compensation of ₹17,29,707/- limited to ₹17,00,000/-.

3. The first respondent/owner cum driver of the offending vehicle remained ex parte before the tribunal. The second respondent insurer of the offending vehicle filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A4(e), Ext.B1 and Exts.X1 to X2 were marked and Pws 1 to 3 were examined. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹3,13,758/- as compensation u

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