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2026 Supreme(Online)(Ker) 6985

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KRISHNAN – Appellant
Versus
THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SMT.CELINE JOSEPH
For the Respondents: SRI.UNNIKRISHNAN.V.ALAPATT

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.438 of 2012 on the file of the Motor Accidents Claims Tribunal, Kalpetta, claiming enhancement of compensation. The respondent herein is the 3rd respondent before the tribunal.

2. According to the claimant, on 20.05.2012 at about 07.00 pm, while the claimant was walking along the road, a car bearing registration No.KL-05-K-9465 driven by the 1st respondent in a rash and negligent manner hit the injured. As a result of the accident, the appellant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹2,94,000/- limited to ₹1,50,000/-.

3. The first respondent/driver and the second respondent/owner of the offending vehicle filed a joint written statement admitting the accident but disputing the compensation claimed. 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 A7(s) and Ext.C1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹99,892/- with interest at 9% per annum as compensation under various heads again

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