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2026 Supreme(Online)(Ker) 6948

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
SANI – Appellant
Versus
THE NEW INDIA INSURANCE COMPANY LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Shri A.N.Santhosh
For the Respondents: Shri P.MuraLeedharan

JUDGMENT

The petitioner in OP(MV) No.1193/2013 on the file of the Motor Accidents Claims Tribunal, Perumbavoor 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 10.06.2013

2. The case of the petitioner is that on 10.06.2013 at about 07.30 p.m., while he was travelling as a pillion rider in a motor cycle bearing No.KL-41-B-7331 through the Kalady- Angamaly MC road and when reached near Marothichodu, a pick up van bearing Reg.No.KL-33/D-4701, 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 sustained serious injuries.

3. The registered owner and driver of the offending pick up Van bearing Reg.No.KL-33/D-4701 were arrayed as the 1st and 2nd respondents respectively, whereas, the insurer was arrayed as the 3rd respondent. The 1st respondent remained absent and was set exparte.

4. The 2nd and 3rd respondents contested the petition by filing written statements mainly disputing the quantum of compensation claimed. However, the 3rd respondent, insurer admitted insurance coverage

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