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2026 Supreme(Online)(Ker) 12771

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MIDHUN.C.P – Appellant
Versus
V.P.RAJAN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ANIL KUMAR K.P.
For the Respondents: SHRI.S.PRASANTH

Table of Content
1. assessment of accident severity and initial compensation awarded. (Para 1 , 2 , 3)
2. re-evaluation of compensation based on income and injury. (Para 4 , 5)
3. modification of awarded compensation and instructions for disbursement. (Para 6 , 7)

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.55 of

2017 on the file of the Motor Accidents Claims Tribunal, Vatakara, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 04.07.2016 at about 3.30 p.m, while the claimant was travelling on the motorcycle bearing Reg.No.KL-56-J-8467, a bus bearing Reg. No.KL-56-1188 driven by the second respondent in a rash and negligent manner, dashed against the claimant’s motorcycle, whereby, the claimant sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹13,27,000/- limited to ₹10,00,000/-.

3. The respondents 1 and 2, the owner and the driver of the offending vehicle respectively, remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the insurance policy but denying the negligence and disputing

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