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2016 Supreme(Ker) 801

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
Jyni – Appellant
Versus
Raphel, P. T. – Respondent


Advocates Appeared:
For the Appellant :K. Sunilkumar, Advocate
For the Respondent:A.A. Ziyad Rahman, Advocate

JUDGMENT :

Anil K. Narendran, J.

The appellants are the claimants in O.P.(MV) No. 580 of 2010 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, an application filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one Rajeev in a motor accident occurred on 25.02.2010. The appellants are the wife, children and mother respectively of the deceased. On 25.02.2010, while the deceased was standing on the side of a public road, a tipper lorry bearing Registration No. KL-7/T-7668, owned, driven and insured by respondents 1 to 3 came in a rash and negligent manner and hit the deceased, resulting fatal injuries. Claiming a total compensation of Rs. 42,30,000/- under different heads, the appellants filed claim petition before the Tribunal.

2. Before the Tribunal, respondents 1 and 2 remained absent and they were set ex-parte. The 3rd respondent insurer alone filed written statement. On the side of the appellants Exts. A-1 to A-8 were marked. On the side of the respondents Ext. B-1 was marked. Both sides have not chosen to adduce any oral evidence. As per the order in I.A. No. 1672 of 2014, the Tribunal permitted the insurer to cont















































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