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2026 Supreme(Online)(Ker) 12416

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANWAR SADATH S/O.MUHAMMED KUNJU,MADATHUMPADI HOUSE, KANJIRAKADU,RAYONPURAM P.O., PERUMBAVOOR – Appellant
Versus
EASA V.P. – Respondent


Advocates:
For the Appellants/Petitioners: K.K.MOHAMED RAVUF
For the Respondents: GEORGE CHERIAN (SR.), K.S.SANTHI, LATHA SUSAN CHERIAN

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.1413 of 2010 on the files of the Motor Accidents Claims Tribunal, Perumbavoor, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant was that on 04.07.2010, while he was pillion riding on a motorcycle bearing Reg.No.KL-40/A-2559, a car bearing Reg.No.KL-40/B-6446 driven by the first respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹9,00,000/-.

3. The first respondent, who was the owner-cum-driver of the offending vehicle, remained ex parte before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. PW1 was examined and Exts.A1 to A14 and C1 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹3,01,284/- as compensation under different heads with

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