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2026 Supreme(Online)(Ker) 8828

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
ANI.K. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN
For the Respondents: SHRI.N.K.KARNIS, SRI. GEORGE A CHERIAN -SC

JUDGMENT

Since these two appeals arise from the very same award dated 07.08.2018 in O.P.(MV) No.275 of 2012 on the file of the additional Motor Accidents Claims Tribunal, Attingal, these appeals are heard together and being disposed of by this judgment. M.A.C.A. No.2759 of 2019 is filed by the 2nd respondent/ insurer challenging the liability to pay the award amount whereas M.A.C.A.No.3744 of 2019 is filed by the claimant for enhancing compensation awarded by the Tribunal. For brevity, the parties are referred to as they are arrayed before the tribunal.

2. According to the claimant, on 03.01.2012 at 6:00 p.m, while the claimant was travelling as a pillion rider on a motorcycle bearing Reg. No.KL-16/H-1990, an autorickshaw bearing Reg. No.KL-16/H-428 driven by the 1st respondent in a rash and negligent manner, knocked down the claimant, whereby he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹10,75,000/- limited to ₹7,00,000/-.

3. The first respondent, owner-cum driver of the offending vehicle, remained ex parte before the tribunal. The second respondent/insurer filed a written statement admitting the policy but denying liability.

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