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2026 Supreme(Online)(Ker) 14487

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RAJAN – Appellant
Versus
DILEEP KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.P.UDAYABHANU
For the Respondents: SHRI.P.JACOB MATHEW, SRI.MATHEWS JACOB (SR.)

JUDGMENT

This appeal has been filed by the claimant in OP(MV) No.688 of

2012 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant was that on 26.04.2012, while the claimant was attempting to board a bus bearing Reg.No.KL-07-BC- 7318, the bus was suddenly moved in reverse in a rash and negligent manner by the second respondent/driver, as a result of which, the claimant’s head forcefully struck against the bus, causing him to sustain serious injuries. He approached the tribunal claiming a total compensation of ₹12,00,000/-.

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 & PW2 were examined and Exts.A1 to A9 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 ve

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