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2026 Supreme(Online)(Ker) 13490

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
CHACKO.T.S – Appellant
Versus
JORTIN DANI KOSHY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.K.KOSHY, SHRI.SABU I.KOSHY, SMT.SNEHA SUKUMARAN MULLAKKAL
For the Respondents: SRI.JACOB P.ALEX, SRI.GEORGE CHERIAN (SR.), SRI.JOSEPH P.ALEX, SHRI.MANU SANKAR P., SMT.LATHA SUSAN CHERIAN, SRI.GEORGE A.CHERIAN, SRI.MATHEWS JACOB (SR.), SRI.P.JACOB MATHEW

JUDGMENT

MACA Nos.132 of 2020, 225 of 2020 and 3643 of 2020 arise from the very same award dated 04.10.2019 in O.P.(MV) No.867 of 2014 on the files of the Motor Accidents Claims Tribunal, Pathanamthitta. MACA No.132 of 2020 filed by the 2nd respondent/insurer of the offending vehicle challenging the liability to pay 50% of the award amount and MACA No.225 of 2020 filed by the 1st respondent/owner of the offending vehicle challenging liability to pay the remaining 50% of the compensation awarded. MACA No.3643 of 2020 is filed by the claimant seeking enhancement of compensation and also challenging the finding of 50:50 contributory negligence on R1 and R2. Since these appeals arise from the same cause of action, they are heard together and are disposed of by this judgment. For brevity, the parties are referred to as they are arrayed before the tribunal.

2. The facts of the case are as follows:

On 05.05.2014 at about 09.45 pm, while the claimant was walking through the side of the public road, a motorcycle bearing registration No.KL-27-C-970 ridden by the 1st respondent in a rash and negligent manner hit against the claimant. As a result of the accident, the claimant had sustained seriou

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