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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SANDEEP.M.R. – Appellant
Versus
IFFCO TOKIO GENERAL INSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. claimant's injury and compensation details (Para 1 , 2 , 3) |
| 2. court's analysis on appeals and reasons (Para 4 , 6) |
| 3. claims for enhancement of compensation (Para 5) |
| 4. final decision on appeal and order (Para 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.1215 of 2011 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.
2. The case of the claimant was that on 03.05.2011, while he was riding pillion on a motorcycle bearing Reg.No.KL-45-9080, an autorickshaw bearing Reg.No.KL-45-E-9006 driven by the first respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹4,00,000/-.
3. Respondents 1 and 2, who were the driver and owner 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 was examined and Exts.A1 to A11 were marked. T
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