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2025 Supreme(Online)(Ker) 57672

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANTO, S/O OUSEPH – Appellant
Versus
MAJEED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOSEPH GOPURAN
For the Respondents: SMT.K.S.SANTHI

JUDGMENT

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

1031/2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein are the respondent nos. 1 and 3 before the tribunal.

2. The case of the claimant is that on 04.07.2010 at about 4.15 pm, while the claimant was riding the motor cycle having Reg.No.KL-8/AF 7396 through Nalukettu-Koratty public road, another motorcycle bearing Reg.No.KL-8/U 7826 driven by the 2nd respondent in the OP(MV) in a rash and negligent manner with terrific speed hit against the petitioner’s motorcycle to which he was thrown out to the road and sustained with injuries. The claimant approached the tribunal claiming compensation of ₹5,22,000/- which was limited to ₹5,22,000/- limited to ₹3,00,000/-.

3. The 1st and 2nd respondents/owner and the driver of the offending vehicle remained ex parte before the tribunal. The 3rd respondent, the insurer filed a written statement, admitting the policy, but disputing the quantum of compensation claimed and also denied the negligence attributed against the 1st respondent. Before the tribunal, Exts. A1 to A9 and B

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