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2026 Supreme(Online)(Ker) 10531

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


Advocates:
For the Appellants/Petitioners: SRI.VPK.PANICKER
For the Respondents: SRI.ABDUL JAWAD K., SRI.MATHEW A KUZHALANADAN

JUDGMENT

This appeal is filed by the 3rd respondent insurer in O.P.

(MV) No.10 of 2011 on the file of the Motor Accidents Claims Tribunal, Manjeri, challenging the quantum of compensation awarded. The respondent herein is the claimant before the tribunal.

2. Brief facts of the case are as follows: On 27.07.2010, at about 08.30 p.m., while the claimant was riding a motorcycle bearing registration No.KL-11-AC-2751 from Kacherippadi to Manjeri bus stand, a goods autorickshaw bearing registration No.KL-53-1872 driven by the first respondent in a rash and negligent manner dashed against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹26,55,900/-.

3. Though notice was served on the first and second respondents, the driver and the owner of the offending vehicle respectively, they remained absent and were set ex parte before the tribunal. The third respondent - insurer filed a written statement admitting the insurance policy, disputing the liability and quantum of compensation claimed. They contended that the first respondent was not having a valid driving licence or badge to drive the vehicle at t

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