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2026 Supreme(Online)(Ker) 12414

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


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

Table of Content
1. accident details and compensation claim filed. (Para 1 , 2)
2. evaluation of compensation and legal deductions. (Para 3 , 4 , 5 , 6)
3. final judgment regarding compensation awarded. (Para 7)

JUDGMENT

The above appeal is filed by the appellant/3rd respondent insurer challenging the award passed by the Motor Accidents Claims Tribunal, Manjeri, in OP (MV) No.247 of 2011. The Cross Objection is filed by the claimants seeking enhancement of compensation awarded by the tribunal.

2. According to the claimants, on 13.10.2010, while the deceased was travelling on a motorcycle bearing Reg.No.KL-51-A-2200 and when he reached at the place of accident, a bus bearing Reg.No. KL-10-P-101 driven by the 1st respondent hit against the motorcycle, in which the deceased was travelling. Thereby he sustained serious injuries and succumbed to the same. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹20,25,000/-.

3. The respondents 1 and 2 being the driver and the registered owner of the offending vehicle, filed a joint written statement contending that the vehicle was insured with the 3rd respondent and the accident occurred not due to the negligen

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