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2026 Supreme(Online)(Ker) 6341

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
MARY THOMAS – Appellant
Versus
THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.J.PRAKASH C.VADAKKAN, SRI.T.MADHU
For the Respondents: DR.ELIZABETH VARKEY, SRI.JITHIN SAJI ISAAC

JUDGMENT

The petitioner in O.P.(M.V.) No.688 of 2017 on the file of the Motor Accidents Claims Tribunal, Pala, has preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the injuries sustained by her in a motor accident that occurred on 05.05.2017.

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

On 05.05.2017, at about 03.30 p.m., while the petitioner was travelling in a car bearing registration No.KL-35-E-5495 through Amballur-Kodakara NH-47, driven by the 1st respondent in a rash and negligent manner, and when reached near Pudukkad Junction, the car hit against another car bearing registration No.KL-08-BD-3120. Due to the impact of the hit, the petitioner sustained serious injuries.

3. The owner-cum-driver of the offending car bearing registration No.KL-35-E-5495 was arrayed as the 1st respondent, whereas the insurer was arrayed as the 2nd respondent. The 2nd respondent contested the petition and filed a written statement mainly disputing the quantum of compensation claimed, despite admitting insurance coverage for the offending car involved in the accident.

4. During trial, the documents produced from the side of the petitioner were ma

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