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2026 Supreme(Online)(Ker) 6215

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JAYASH DAVID – Appellant
Versus
1 SHIBU P. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAHUL SASI, SMT.NEETHU PREM
For the Respondents: SHRI.S.PRASANTH, SHRI.P.K.MANOJKUMAR

JUDGMENT

This appeal is filed by the claimant in OP(MV) No.39/2007 on the file of the Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 24.07.2006 at about 4.00 p.m., while the claimant was pillion riding on a motorcycle bearing registration No.KL-01-AD-8058 through Thirumalabhagom – Kumbalangi public road, a private bus bearing registration No.KL-01/D-3933 driven by the first respondent in a rash and negligent manner hit against the motorcycle and thereby the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,00,000/-.

3. The first and second respondents, the driver and the owner of the offending vehicle respectively, filed a joint written statement contending that the accident occurred due to negligence on the part of the rider of the motorcycle. The third respondent - insurer filed a written statement admitting the insurance policy, disputing the liability and quantum of compensation claimed. They contended that the driver of the motorcycle was not having a valid driving licence at the time of

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