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2026 Supreme(Online)(Ker) 10480

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BINEESH – Appellant
Versus
ABBAS – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.P.S.APPU, SRI.A.R.NIMOD
For the Respondents: SRI.V.A.JOHNSON (VARIKKAPPALLIL), SMT.A.SREEKALA

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1026 of 2009 on the file of the Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation and challenging the finding of 50% contributory negligence on the part of the claimant, in the impugned award. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 21.05.2009 at about 01.00 pm, while the claimant was riding a motorcycle, another motorcycle bearing reg. No. KL-9S-5108, ridden by the 2nd respondent in a rash and negligent manner hit against the motorcycle. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹3,69,000/-

3. The first respondent/owner and the second respondent/driver of the offending vehicle filed a written statement admitting the accident but contended that a charge sheet was drawn by the police, against the claimant. The second respondent further contended that he had a licence to ride a motorcycle at the time of accident. The first respondent pointed out that he had insured his vehicle with the 3rd respondent at the material time. The 3rd respondent/insurer filed a

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