IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHAMEYON, S/O.CHANDRAN – Appellant
Versus
PRANAV, S/O.PRAKASAN – Respondent
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1196 of
2012 on the file of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 07.10.2012 at about 05.00 pm, while the claimant was traveling as a pillion rider on a motorcycle, another motorcycle ridden by the 1st respondent in a rash and negligent manner hit against the claimant. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹40,81,000/- limited to ₹30,00,000/-.
3. The first respondent/rider and the second respondent/owner 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. It was further submitted that the 1st respondent had no driving license to ride the motorcycle and was under the influence of alcohol. Before the tribunal, PWs 1 and 2 were examined and Exts.A1 to A25 and Ext.X1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹31,8
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