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2026 Supreme(Online)(Ker) 12843

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RMAKRISHNAN (DECEASED) – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LTD – Respondent


Advocates:
For the Appellants/Petitioners: A.N.SANTHOSH, JOSEPH GOPURAN, MARY CATHERINE PRIYANKA P.S.
For the Respondents: DINESH MATHEW J.MURICKEN

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JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.1359 of 2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents 1 & 2 before the tribunal.

2. According to the claimant, on 12.07.2010 at about 08.30 pm, while the claimant was riding a motorcycle bearing reg. No. KL-45- 8111, another motorcycle bearing reg. No. KL-8/U 2354, ridden by the 2nd respondent in a rash and negligent manner with excessive speed by overtaking another autorickshaw hit against the claimant's motorcycle. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹17,16,000/- limited to ₹12,00,000/-.

3. The first respondent/owner and the second respondent/rider of the offending vehicle remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal, PWs 1 to 4 were examined and Exts.A1 to A11 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹4,95,400/- with interest at the r

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