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2019 Supreme(Ker) 325

P.D.RAJAN
National Insurance Co. Ltd Ernakulam, Represented By Its Deputy Manager – Appellant
Versus
Prasanna, W/o. Late Shilin. M. T, S/o. Thankappan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.George Cherian (Sr.) Smt.K.S.Santhi, Smt.Latha Susan Cherian
For the Respondent: Sri.Jacob Abraham, Smt.Kochumol Koduvath

JUDGMENT :

1. This appeal is preferred against the award in OP(MV) No.1509/2014 of the Motor Accidents Claims Tribunal, Ernakulam (for short “the Tribunal”) by the insurer of the offending vehicle. The deceased Shilin met with an accident when he was driving his goods autorickshaw, immediately he was removed to hospital while undergoing treatment he succumbed to the injuries. The legal representatives of the deceased preferred the above claim petition under Section 166 of the Motor Vehicles Act, 1988 and the Tribunal awarded compensation of Rs.23,51,900/-. Being aggrieved by that award amount, insurer preferred this appeal.

2. It would be relevant and useful to refer the facts leading to the accident. On 23.01.2014 at 11.30 pm, the deceased Shilin was driving his goods autorickshaw KL-07/AR 261 from Kalamassery to Manjummel, when he reached at the place of occurrence, another car KL-44/C 533 driven in a rash and negligent manner hit against the autorickshaw, as a result he sustained serious injuries. The driver and owner of the offending vehicle were set ex-parte. The insurer admitted the insurance of the vehicle. Claimants did not adduce any oral evidence, but their documents were m



































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