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2026 Supreme(Online)(Ker) 965

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
PIUS @ ANTONY – Appellant
Versus
SUJITH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.A.R.NIMOD
For the Respondents: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.551 of

2010 on the files of the Motor Accidents Claims Tribunal, Tirur, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant was that on 10.08.2009, while he was pillion riding on a scooter bearing Reg.No.KL-8-Y-4158 ridden by the third respondent, the scooter collided with a motorcycle bearing Reg.No.KL-8-AM-6731 ridden by the first respondent in a rash and negligent manner, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹65,00,000/-.

3. The first respondent, who was the owner-cum-rider of the motorcycle, remained ex parte before the tribunal. Respondents 2 and 3, who are the owner and driver of the scooter respectively, appeared before the tribunal. The fourth respondent, who is the insurer of both vehicles, filed a written statement, admitting the policy coverage for both vehicles, but disputing the liability and quantum of compensation claimed. PW1 and PW2 were examined and Exts.A1 to A18, C1, C2, B1 & X1 series were marked. The tribunal, after analysing the pleadings and materials on rec

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