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2026 Supreme(Online)(Ker) 18527

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BINOY – Appellant
Versus
AKHIL VIJAYAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SOORAJ T.ELENJICKAL, SMT.V.A.HARITHA, SMT.MARY RESHMA GEORGE, SMT.P.M.MAZNA MANSOOR, SRI.K.NANDAKUMAR
For the Respondents: SHRI.P.JACOB MATHEW, SRI.MATHEWS JACOB (SR.)

Table of Content
1. arguments for enhanced compensation. (Para 4 , 5)
2. court's reasoning and judgment. (Para 6)
3. conclusion and order of compensation. (Para 7)

JUDGMENT

This appeal is filed by the claimant in OP(MV) No.561 of

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

2. According to the claimant, on 10.08.2011 at about

07.25 p.m., while the claimant was riding a motorcycle bearing registration No.KL-7/K-7089 through Chalikkadavu – Kizhakkekkara public road, another motorcycle bearing registration No.KL-7/Z-6146 ridden by the first respondent in a rash and negligent manner, hit against the motorcycle in which the claimant was riding and as a result of the accident, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹20,00,000/-. 3. Though notice was served on the first and second respondents, the rider and the owner of the offending vehicle respectively, they remained absent and were set ex parte before the tribunal. The third respondent – insurer filed a written statement, admitting the insuranc

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