IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO…..…… OF 2025 (Arising out of SLP (C) No.22423 of 2024)
JAYANANDAN …APPELLANT(S)
Versus
VARKEY & ORS. …RESPONDENT(S)
O R D E R
Leave Granted.
2. This appeal is directed against the judgment and
order dated 19th June, 2024 passed in MACA No.93/2019
by the High Court of Kerala at Ernakulam, which, in
turn, was directed against Award dated 21st July, 2017
in O.P.(MV) No.1009/2007 of the Motor Accidents
Claims Tribunal, Thrissur.
3. On 15th February, 2005, the claimant-appellant,
who was a diamond cutter by profession, was
travelling Eastbound through Kunnamkullam-
Wadakkanchery when his motorcycle bearing
registration No.KL-08-J-8556 collided with an auto
rikshaw bearing No.KL-08-C-6658, due to the alleged
rashness and negligence of the auto rikshaw driver.
1
He suffered grievous injuries and a case, FIR
No.51/2005 under Section 279, 337 and 338 Indian
Penal Code, 1860 was registered at P.S. Erumaetty,
Thrissur. The claimant-appellant suffered a complete
loss of vision in one eye.
4. The claimant-appellant filed a claim petition
before the Learned Motor Accidents Claims Tribunal,
Thrissur, seeking compensation to the tune of
Rs.14,58,000/-. Vide Award dated 21st July 2017,
taking the percentage of disability at 49%, total
compensation awarded was Rs.8,70,000...