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2026 Supreme(Online)(Ker) 7421

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JACOB – Appellant
Versus
THE DIVISIONAL MANAGER M/S.NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PRATHEESH.P, SMT.RENY ANTO
For the Respondents: SHRI.P.JACOB MATHEW

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1199 of 2010 on the file of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.

2. According to the claimant, on 09.01.2010 at about 10.30 am, while the claimant was riding the motorcycle bearing registration No.KL-2Y-259, a mini lorry bearing registration No.KL-7B-8685, driven by the 2nd respondent in a rash and negligent manner, hit against the motorcycle. As a result of the accident, the claimant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹2,00,000/-.

3. The first and second respondents/owner and driver of the offending vehicle remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed and denying liability. Before the tribunal, PW1 was examined, and Exts.A1 to A8, Ext.C1 and Ext.X1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹72,112/- with interest at 9% per annum as compensation under various heads agai

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