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2026 Supreme(Online)(Ker) 8755

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
MANU S.NAIR – Respondent


Advocates:
For the Appellants/Petitioners: ADV SHRI.LAL K.JOSEPH
For the Respondents: ADV SRI.VIPIN NARAYAN

JUDGMENT

This appeal is filed by the appellant/3rd respondent insurance company in O.P (MV) No.166 of 2012 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, mainly challenging the compensation awarded under the head medical expenses. The respondent herein is the claimant before the tribunal.

2. According to the claimant, on 23.09.2011 at about

07.30 pm, while the claimant was riding a motorcycle bearing reg. No. KL-17/A-5114, a car bearing registration No.KL-01/N- 7383, driven by the 1st respondent in a rash and negligent manner, hit against the motorcycle. As a result of the accident, he sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹7,88,000/-

limited to ₹7,00,000/-.

3. The first respondent/driver and the second respondent/owner of the offending vehicle remained ex-parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A16 and Exts.B1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹2,64,750/- with interest at the rate of 9% per annum as compensati

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