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2026 Supreme(Online)(Ker) 28386

M.B. SNEHALATHA, J
SHAJI – Appellant
Versus
SOMAN – Respondent


Advocates:
For the Appellants/Petitioners: S.SACHITHANANDA PAI
For the Respondents: A.C.DEVASIA, P.JACOB MATHEW, MATHEW DEVASSI

Table of Content
1. claimant seeks compensation enhancement due to exonerated insurer. (Para 1 , 2 , 3 , 4 , 5)
2. arguments regarding compensation inadequacy and passenger status. (Para 6 , 7 , 14 , 15 , 16)
3. court's analysis regarding injuries and compensation principles. (Para 10 , 11 , 12 , 17 , 18 , 20 , 21 , 22)
4. insurer liable despite claimant's passenger status. (Para 25 , 26)
5. court's final order directing payment and conditions. (Para 28 , 29 , 30)

JUDGMENT

The claimant in OP(MV).No.549/2009 on the file of the Motor Accidents Claims Tribunal, Thodupuzha has filed this appeal seeking enhancement of compensation awarded by the Tribunal and also challenging the finding of the Tribunal exonerating R2 insurance company from paying the award amount.

2. According to the appellant/claimant, on 13.09.2007 at around 7.30 p.m while he was travelling in a pick-up van bearing registration No.KL-6D/7531, accompanying the goods of the employer and when it reached at Kadamakuzhy, the pick-up van capsized due to the rash and negligent driving of the driver of the said vehicle. In the accident, the appellant/claimant sustained grievous injuries. R1 is the owner cum driver of the offending v

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