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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AJEESH V.D – Appellant
Versus
RAJESH C.A – Respondent
| Table of Content |
|---|
| 1. accident circumstances leading to claimant's injuries. (Para 2 , 3) |
| 2. arguments for enhancing compensation based on various grounds. (Para 5) |
| 3. court's decision on the enhancement and its implications. (Para 6 , 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1229 of
2006 on the file of the Motor Accidents Claims Tribunal, Thrissur, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 03.04.2006 at about 5.30 p.m., while the claimant was travelling as a pillion rider on a motorcycle, the motorcycle ridden by the 2nd respondent suddenly toppled. As a result of the accident, the appellant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹1,10,000/-.
3. The first respondent was the owner and second respondent was the rider of the offending motorcycle who remained ex parte before the tribunal. The 3rd respondent, insurer of the offending vehicle, filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A8 were marked. The tribunal, after analysing the pleadings a
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