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2026 Supreme(Online)(Ker) 10457

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AKBAR SHAAN – Appellant
Versus
K. SUBRAMANIYAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.B.PREMNATH (E), SHRI.N.AJITH
For the Respondents: SMT.DEEPA GEORGE

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1191 of 2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 08.08.2010, at about 6.40 p.m, while the claimant was riding a motorcycle bearing Reg.No.KL-07/AW 4390, a lorry bearing Reg.No.TN- 21/Q-3340 driven by the 2nd respondent in a rash and negligent manner, hit against the claimant’s motorcycle, whereby he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,64,000/- limited to ₹3,50,000/-

3. The first and second respondents/ owner and the driver 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 denying negligence. Before the tribunal, PWs1 and 2 were examined and Exts.A1 to A12 and Ext.B1 were marked. The Tribunal, after analysing the pleadings and materials on record, awarded a compensation of ₹1,89,200/- under different heads with inter

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