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2026 Supreme(Online)(Ker) 710

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AMBILI – Appellant
Versus
RAJU – Respondent


Advocates:
For the Appellants/Petitioners: Shri N.K. Karnis
For the Respondents: Shri Baby Thomas, Shri Joy Joseph (Manayathu), Shri Joby Joseph, Smt Mariamma Joseph, Sri K.D. Zacharias

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.202 of 2014 on the file of the Motor Accidents Claims Tribunal, Thodupuzha, dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein are the first and second respondents before the tribunal.

2. The case of the claimant is that on 26.11.2013 at about 1:00 p.m, while the claimant was travelling in an autorickshaw bearing Reg. No.KL34/4688, driven by the first respondent in a rash and negligent manner, the vehicle turned turtle on a hump at Kallippara in Venmony- Vannapupuram public road. As a result of which, she sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹3,00,000/-.

3. The first, second and third respondents were the driver-cum-owner, insurer and the insured of the offending vehicle, respectively. The first respondent filed a written statement contending that he had a valid driving license. The second respondent - insurance company filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed. It is further contended that there is no contractual relation with the first respondent and hav

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