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2026 Supreme(Online)(Ker) 6340

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
NIZAR N. – Appellant
Versus
THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.K.BIJU
For the Respondents: SHRI. GEORE A. CHERIYAN, SHRI.N.S.NAJEEB

JUDGMENT

The petitioner in O.P.(M.V.) No. 1682 of 2015 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, has preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the injuries sustained by him in a motor accident that occurred on 27.09.2015.

2. The case of the petitioner in brief is as follows:-

On 27.09.2015, at about 03.30 p.m., while the petitioner was riding a motorcycle bearing registration No.KL-26-F-3671 through bypass road at Adoor, and when reached near a place called ‘Nellimoottipadi’, a tanker lorry bearing registration No.TN-52-B-8879, driven by the 2nd respondent, in a rash and negligent manner, hit the motorcycle ridden by the petitioner. Due to the impact of the hit, the petitioner was thrown onto the road and sustained serious injuries.

3. The owner and driver of the offending tanker lorry bearing registration No.TN-52-B-8879 were arrayed as the 1st and 2nd respondents, respectively, whereas the insurer was arrayed as the 3rd respondent. The 3rd respondent contested the petition and filed a written statement mainly disputing the quantum of compensation claimed, despite admitting insurance coverage for the tan

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