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2026 Supreme(Online)(Ker) 23225

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
SAMADH K – Appellant
Versus
THE NATIONAL INSURANCE CO. LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.TONY THOMAS
For the Respondents: SHRI.PMM.NAJEEB KHAN

Table of Content
1. facts of the motorcycle accident and compensation claim. (Para 1 , 2 , 3)
2. court analysis of income, earnings, and compensation enhancements. (Para 4 , 5)
3. final judgment on compensation awarded. (Para 7)

JUDGMENT

This appeal is filed by the claimant in OP(MV) No.151 of

2014 on the file of the Motor Accidents Claims Tribunal, Wayanad, Kalpetta, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.

2. According to the claimant, on 20.12.2013 at about 7.00 p.m., while the claimant was riding a motorcycle bearing registration No.KL-55G-8351 from Sulthan Bathery to Maithanikunnu, a jeep bearing registration No.KL-02G-2505 driven by the first respondent in a rash and negligent manner hit against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,95,000/- which is limited to ₹3,00,000/-.

3. The first and second respondents, the driver and the owner of the offending vehicle respectively, filed a joint written statement, denying the negligence on the part of the first respondent in causing the accident. The third respondent insu

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