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2026 Supreme(Online)(Ker) 19904

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
SURESHKUMAR K.K. – Appellant
Versus
PONNAPPAN K.V. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAHUL SASI, SMT.NEETHU PREM
For the Respondents: SHRI.THOMAS MATHEW NELLIMOOTTIL

Table of Content
1. accident details and claimant's claims. (Para 1 , 2)
2. dispute over fault in the accident. (Para 3 , 6 , 7)
3. assessment of compensation for injuries. (Para 8 , 9 , 10)

JUDGMENT This appeal is filed by the claimant in O.P (MV) No.984 of 2006 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation awarded by the tribunal. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 31.10.2005 at about 5.10 pm, while the claimant was travelling on a motorcycle bearing Reg.KL-4/G/5355 and when the motorcycle reached at Thookkumkulam Junction, a Maruthi car bearing Reg.No.KL-4/B-6288 driven by the first respondent in a rash and negligent manner, hit against the claimant’s motorcycle, whereby he sustained serious injuries. The first and second respondents are the driver and the insurer of the offending vehicle respectively. According to the claimant, accident occurred due to the rash and negligent driving of the 1st respondent, who was the driver of the maruthi car bearing Reg. No. KL-4/B-6288. Hence, the claimant approached the tribunal claiming a total compensation of ₹5,

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