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2026 Supreme(Online)(Ker) 14493

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BIJEESH S/O.BALACHANDRAN – Appellant
Versus
V.RAJEEVAN S/O.ON.V.KURUP – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.A.N.SANTHOSH
For the Respondents: SRI.VPK.PANICKER

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.195 of 2010 on the file of the Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation. The respondents herein were the respondents 1 and 3 before the tribunal.

2. According to the claimant, on 20.11.2009, while the claimant was riding a motorcycle, a car bearing Reg.No.KL-01/AC-4300 driven by the 2nd respondent in a rash and negligent manner, hit on the motorcycle and he fell on the road. Thus he sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹44,38,000/-.

3. The first respondent/owner and the second respondent/driver of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the claimant himself. The third respondent/insurer filed a written statement, denying the existence of valid policy and disputing the quantum of compensation claimed. It was also contended that the claimant had contributed to the accident. Before the tribunal, Pws 1 to 3 were examined and Exts.A1 to A26 documents were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹16,92,522/- with i

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