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2026 Supreme(Online)(Ker) 13329

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SREEJITH K.P. – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SMT.SHIJI P.S., SMT.NIDHI ABRAHAM
For the Respondents: SRI.JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.364 of

2018 on the files 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 was that on 20.08.2017, while the claimant was travelling in a bus bearing Reg.No.KL-18-C-9540 driven by the second respondent in a rash and negligent manner, the bus dashed against a car, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹10,00,000/-.

3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third 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 A11 & 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 ₹6,57,872/- rounded off to ₹6,57,900/- as compensation under different hea

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