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2026 Supreme(Online)(Ker) 1376

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
XAVIER T.P. – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.N.SANTHOSH
For the Respondents: SRI.P.MURALEEDHARAN

JUDGMENT

Dated this the 12th day of January, 2026 The petitioner in O.P.(M.V.) No.324 of 2018 on the file of the Motor Accidents Claims Tribunal, North Paravur has preferred this appeal seeking enhancement of compensation awarded by the Tribunal on account of the injuries sustained by him in a motor accident that occurred on 19.02.2018.

2. The case of the petitioner in brief is as follows:-

On 19.02.2018 at about 8:45 a.m., while the petitioner was riding a scooter bearing Registration No.KL-34/B-8186 through the Vypin-Munambam road from North to South a bus bearing Registration No.KL-42/D-5836 driven by the 2nd respondent in a rash and negligent manner, hit on the scooter driven by the petitioner. Due to the impact of hit, the petitioner sustained severe injuries.

3. The owner and driver of the offending vehicle were arrayed as 1st and 2nd respondents respectively, whereas the insurer was arrayed as the 3rd respondent. The 1st and 2nd respondents were set ex parte. The 3rd respondent entered appearance and filed written statement mainly disputing the quantum of compensation claimed despite admitting insurance coverage of the vehicle involved in the accident.

4. During trial, the docu

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