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2026 Supreme(Online)(Ker) 5343

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SASIDHARAN S/O VELAPPAN – Appellant
Versus
OUSEPH PEEDIKAMALAYIL HOUSE – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.V.BABY, SHRI.A.N.SANTHOSH
For the Respondents: SRI.N.L.BITTO, SMT.P.A.REZIYA

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1416 of 2011 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.

2. The case of the claimant is that on 25.11.2011, at about 7.00 p.m., while the claimant was riding a bicycle through Mupliyam-Kalkuzhy public road, a motorcycle bearing Registration No.KL-8/AJ-6753, ridden by the first respondent in a rash and negligent manner, hit the claimant. As a result of the said accident, the claimant sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹4,78,000/- limited to ₹2,00,000/-.

3. The first respondent/ owner-cum-driver remained ex parte before the tribunal. 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 the accident occurred only due to the negligent riding of the claimant. Before the tribunal, Exts.A1 to A7 and Ext.B1 were marked. The Tribunal, after analysing the pleadings and materials on record, awarded a compensation of ₹82,570/- u

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