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2026 Supreme(Online)(Ker) 5823

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUHAIB A.V. – Appellant
Versus
K.YOGESH – Respondent


Advocates:
For the Appellants/Petitioners: ADV. SHRI.AVM.SALAHUDIN
For the Respondents: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI

JUDGMENT

Since these two appeals arise from the very same award dated 19.03.2016 in O.P.(MV) No.1185 of 2013 on the file of the additional Motor Accidents Claims Tribunal, Kozhikode, these appeals are heard together and being disposed of by this judgment. M.A.C.A. No.2934 of 2016 is filed by the claimant in the original petition, dissatisfied with the quantum of compensation awarded by the Tribunal whereas M.A.C.A. No.1474 of 2017 is filed by the 2nd respondent/insurer, challenging the quantum of compensation awarded by the tribunal.

2. According to the claimants, on 11.09.2011 at about

11.30 a.m., while the minor claimant was walking along the roadside, from Kolathara to Mordern, a car bearing Reg. No.KL-11- AJ-5771, owned and driven by the first respondent in a rash and negligent manner, hit the claimant. As a result of the accident, he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹6,48,000/-.

3. The first respondent/owner-cum-driver of the offending vehicle, filed a written statement admitting the accident but denying the negligence attributed to him. It is further contended that the accident occurred due to the negligence of th

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