IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LIMITED NOW REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICER, OMANA BUILDING, M.G. ROAD, KOCHI-35 – Appellant
Versus
SOBY KURIAN MATHEW EDATHIPARAMBIL HOUSE, KUMARAKOM P.O., KOTTAYAM, PIN-686 563 – Respondent
JUDGMENT
This appeal is filed by the second respondent insurer in OP(MV) No.1559 of 2013 on the file of the Motor Accidents Claims Tribunal, Kottayam, challenging the enhancement of compensation. The respondent herein was the claimant before the tribunal.
2. According to the claimant, on 09.10.2012 at about
05.15 p.m., while the claimant was riding a motorcycle bearing registration No.KL-05/Q-5396 through Kumarakom – Kaippuzhamuttu public road, another motorcycle bearing registration No.KL-36C-4257 ridden by the third respondent in a rash and negligent manner knocked down the claimant, whereby he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹6,57,000/-, which is limited to ₹5,00,000/-.
3. The first, second and third respondents were the owner, insurer and the driver of the offending vehicle respectively. Though the first and third respondent entered appearance, no written statement was filed. The second respondent - insurer filed a written statement, admitting the insurance policy, disputing the liability and quantum of compensation claimed. They contended that the third respondent was not having a valid and effective driving licenc
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