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2026 Supreme(Online)(Ker) 21611

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JOSE P.A. – Appellant
Versus
VIMAL – Respondent


Advocates:
For the Appellants/Petitioners: SRI.PAUL K.VARGHESE, SMT.A.A.GEETHA
For the Respondents: SHRI.LAL K.JOSEPH, SHRI.SANJAY SELLEN, SMT.SONIA SHIBU

Table of Content
1. introduction of the case and details of the accident. (Para 1 , 2 , 3)
2. claimant's arguments for enhanced compensation. (Para 4 , 6)
3. modification of compensation award. (Para 7)

JUDGMENT

This appeal is filed by the claimant in O.P. (MV) No.791 of 2017 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 17.06.2017 at about 09.30 am, while the claimant was riding a motorcycle bearing reg. No. KL-17/A-7972, another motorcycle bearing registration No.KL-7/BF- 8617 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 a total compensation of ₹9,97,000/- limited to ₹8,00,000.

3. The first respondent/rider and 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 and denying liability. Before the tribunal, Exts.A1 to A8 were mar

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