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2026 Supreme(Online)(Ker) 7450

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SELVA KUMAR S/O. PONNUSWAMI KOUNDER – Appellant
Versus
ISMAIL S/O. MAKKIKUTTY – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.VIDYASAGAR
For the Respondents: SHRI.P.JACOB MATHEW, SRI.MATHEWS JACOB (SR.), SRI.DIPU.R, SRI.R.MANIKANTAN, SMT. DEVI KRIPA R., SMT.K.P.SUSMITHA

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.249 of 2010 on the file of the Motor Accidents Claims Tribunal, Manjeri, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.

2. The case of the claimant is that on 04.06.2009 at about 3.45 p.m, while the claimant was travelling in a motorcycle bearing Reg. No.KL-03-G-4773 from Kavanoor to Alanellor, a lorry bearing Registration No.KL-11-B-3069 driven by the first respondent in a rash and negligent manner, collided with the motorcycle driven by the claimant. As a result of the said accident, the claimant sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹5,00,000/-.

3. The first and second respondents/ driver and the owner of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent/insurance company filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed and negligence. Before the tribunal, Exts.A1 to A7, and X1 were marked. The Tribunal, after analysing the pleadings and materials on record, awarded a compensation of ₹3,09,613/- rounded

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