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2026 Supreme(Online)(Ker) 5824

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KRISHNADAS P. – Appellant
Versus
BENNY V.G. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.P.S.APPU, SRI.A.R.NIMOD
For the Respondents:learned Standing Counsel for the respondent insurer

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.145 of

2011 on the files of the II Additional Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant was that on 03.06.2009, while he was riding a motorcycle bearing Reg.No.KL-9-K-6510, a jeep bearing Reg.No.KL-9-H-6681 driven by the second respondent in a rash and negligent manner, knocked him down, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹4,58,000/-.

3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Exts.A1 to A13 series, X1 & B1 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹2,65,900/- as compensation under different heads with inte

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