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2025 Supreme(Online)(Ker) 57484

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JIJOMON P. MATHEW – Appellant
Versus
THANKAPPAN K.N – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.K.KOSHY, SRI.ABE RAJAN, SHRI.SABU I.KOSHY
For the Respondents: SRI.S.K.AJAY KUMAR

JUDGMENT

This appeal is filed by the claimant in O.P (MV)

No.811 of 2010 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, claiming enhancement of compensation awarded by the tribunal. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 17.05.2010, while he was riding a motorcycle bearing Reg.No.KL.03.J.1732 along Kadichamatu-Mallappally public road, a tipper lorry bearing Reg.No.KL-04.Q.1565 driven by the first respondent in a rash and negligent manner, hit against the motorcycle and he sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹9,30,250/- which was limited to ₹4,30,250/-.

3. The first and second respondents/the driver and owner of the offending vehicle respectively, filed a written statement contending that the accident occurred due to the negligence of the claimant. The third respondent/insurer filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed and also denied the negligence of the first respondent. Before the tribunal, Exts.A1 to A13 documents were marked. The tribunal, after analysing the pleadings and materials o

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