IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SURESH.B – Appellant
Versus
THE DIVISIONAL MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD – Respondent
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1282 of 2014 on the file of the Motor Accidents Claims Tribunal, Kottayam, claiming enhancement of compensation. The respondent herein was the 2nd respondent before the tribunal.
2. The case of the claimant is that on 24.05.2014 at about 4.45 hours, while the claimant was travelling in an autorickshaw bearing Reg.KL 39/F-9197, a car bearing Reg. No. KL 16/H-3610 driven by the 1st respondent in a rash and negligent manner, collided with the autorickshaw. As a result of which, he sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹13,96,000/- limited to ₹7,00,000/-.
3. The first respondent/ owner-cum-driver of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the claimant himself and they further submitted that the first respondent held a valid driving licence and prayed for the dismissal of the original petition. The 2nd respondent- insurer also filed a written statement admitting the insurance policy but disputing the quantum of compensation claimed and denying negligence. Before the tribunal, Exts.A1 to A8 and Exts
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