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2026 Supreme(Online)(Ker) 3903

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ABDURAHIMAN KUTTY P.K. – Appellant
Versus
AJMAL – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.AVM.SALAHUDIN
For the Respondents: SMT.DIVYA B.NAIR, SRI.P.BHARATHAN, SRI.JOHN JOSEPH VETTIKAD, SRI.R.RATHEESH KUMAR, SMT.A.MUMTHAZ

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.612 of 2016 on the file of the Motor Accidents Claims Tribunal, Kozhikode, seeking enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 28.06.2014 at about

6.00 p.m., while the claimant was riding his motorcycle bearing Reg.No.KL-57-E-8307, another motorcycle bearing Reg.No.KL-57-G-8022 ridden by the first respondent in a rash and negligent manner, hit the motorcycle and sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,00,000/-.

3. The first and second respondents/the driver and the owner of the offending vehicle, respectively, remained ex- parte before the tribunal. The third respondent/insurer of motorcycle bearing Reg.No.KL-57-G-8022, filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed. The liability was denied contending that there was A charge and B charge. The fourth respondent/insurer of the motorcycle bearing Reg.No.KL-57- E-8307 filed a written statement admitting policy but disputing the liability as it was an act only policy. The fifth

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