IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NOORJAHAN – Appellant
Versus
THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO LTD – Respondent
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.351 of
2013 on the file of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondent herein is the 3rd respondent before the tribunal.
2. The case of the claimant is that on 01.03.2012 at about 12.20 p.m, while the claimant was riding a motorcycle bearing Reg. KL-2/AD 2811, a car bearing Registration No.KL- 16/H 942 driven by the second respondent in a rash and negligent manner, hit the claimant. Whereby, the claimant sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹3,00,000/-.
3. The first and second respondents were the owner and the driver of the offending vehicle respectively, wherein the second respondent the 2nd respondent remained ex parte before the tribunal. The first respondent/owner filed a written statement contending that the amount of compensation is exorbitant. The third respondent, the insurance company, filed a written statement admitting the policy but disputing the quantum of compensation claimed. It was further contended that both the rider and the driver of the vehicle were equally responsible for the accident and
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