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2026 Supreme(Online)(Ker) 7432

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
AKHIL AGED 24 YEARS S/O.GOPALAN – Appellant
Versus
THE NEW INDIA INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AVM.SALAHUDIN
For the Respondents: SRI.N.S.MOHAMMED USMAN

JUDGMENT

Dated this the 30th day of January, 2026 The petitioner in O.P.(M.V.) No.317 of 2018 on the file of the Motor Accidents Claims Tribunal, Vatakara 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 19.01.2017.

2. The case of the petitioner in brief is as follows:-

On 19.01.2017 at about 8:45 a.m., while the petitioner was travelling on a motor cycle bearing Registration No.KL-56- N-2797 from Ezhukandy Angadi to Mankayam and when reached near Ezhukandy junction, another motor cycle bearing Registration No.KL-56-C-1444 ridden by the 2nd respondent in a rash and negligent manner, hit against the motor cycle on which the petitioner was travelling and due to the impact of hit, the petitioner sustained severe injuries.

3. The owner and rider of the offending motor cycle were arrayed as 1st and 2nd respondents respectively, whereas the insurer was arrayed as the 3rd respondent. Respondent Nos. 1 to 3 filed written statements. The 3rd respondent filed written statement mainly disputing the quantum of compensation claimed despite admitting insurance coverage of the vehic

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