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2026 Supreme(Online)(Ker) 10120

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO.LTD. – Appellant
Versus
ANISH P.K. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE A CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI
For the Respondents: SRI.T.K.KOSHY

JUDGMENT

This appeal has been filed by the 3rd respondent, Insurance Company in OP (MV) No.752/2013 on the files of the Motor Accidents Claims Tribunal, Muvattupuzha (for short 'the Tribunal') challenging the award passed under the head Medical treatment charges. The respondent herein is the claimant before the Tribunal.

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

On 17.05.2013 while the claimant was riding a motorcycle bearing Reg.No.KL-17/F 5474 through Ramamangalam-Choondi public road, a car bearing Reg.No.KL-5/P1954 driven by the 2nd respondent in a rash and negligent manner hit against the claimant and thus he sustained serious injuries. The claimant approached the Tribunal claiming a total amount of ₹2,50,000/-.

3. Respondents 1 to 3 were the owner, driver and insurer of the offending vehicle, respectively. Before the Tribunal R1 and R2 remained ex parte. R3 insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. It was also contended that there was an absence of valid driving license to the second respondent. Before the tribunal PW1 was examined and Exts.A1 to A12, A13 series and Ext.B1 were marked. The Tribunal after analys

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