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2026 Supreme(Online)(Ker) 32504

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
Thomas Poulose – Appellant
Versus
Albin Mathew – Respondent


Advocates:
For the Appellants/Petitioners: Susanth Shaji, V.V. Shaji, Varghese C. Kuriakose
For the Respondents: Lal K. Joseph, Sanjay Sellen, Sonia Shibu

“CR”

JUDGMENT

This appeal is filed by the claimants in O.P.(MV) No.1093 of 2017 on the file of the Additional Motor Accidents Claims Tribunal-III, Pathanamthitta, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 18.07.2017 at about 07.45 am while the deceased was walking on the public road, a motorcycle bearing registration No.KL-67-A-4672 driven by the 1st respondent in a rash and negligent manner hit the deceased. As a result of the accident, she had sustained serious injuries and succumbed to the injuries on 20.07.2017. The claimants approached the tribunal claiming a total compensation of ₹25,00,000/-.

3. The 1st respondent/owner cum rider of the offending motorcycle remained ex parte before the tribunal. The 2nd respondent/insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A10 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹13,49,757/- with interest @ 9% per annum as compensation under various heads against the 2nd respondent being the insurer. Dissatisfied w

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