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2026 Supreme(Online)(Ker) 4882

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SACHIN S/O BIJU – Appellant
Versus
UNITED INDIA INSURANCE COMPANY LTD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.V.BABY, SHRI.A.N.SANTHOSH
For the Respondents: SRI.UNNIKRISHNAN.V.ALAPATT

JUDGMENT

This appeal is filed by the claimant in OP(MV) No.1392 of

2013 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondent herein is the second respondent before the tribunal.

2. According to the claimant, on 30.11.2013 at about 1.35 p.m., while the claimant a minor aged 17 years, was pillion riding on a motorcycle bearing registration No.KL-07-AW-1161 through Athirappilly – Chalakudy public road, a car bearing registration No.AP-28-AF-5043 driven by the first respondent in a rash and negligent manner hit against the motorcycle whereby the claimant sustained serious injuries. The claimant, represented by his father, approached the tribunal claiming a total compensation of ₹5,00,000/-.

3. Though notice was served on the first respondent, the owner-cum-driver of the car, remained absent and was set ex parte before the tribunal. The second respondent - insurer filed a written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. Before the tribunal, PW1 was examined and Exts.A1 to A11 were marked. The tribunal, after analysing the pleadings and materials on record, found

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