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2020 Supreme(Ker) 257

ANIL K.NARENDRAN
New India Assurance Company Ltd – Appellant
Versus
Smith Raj V. S/o Ananthan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Rajan P. Kaliyath, Smt. Ciyara O.M.
For the Respondents: Sri. Abu Mathew, Sri. Aju Mathew.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The appellant is the 3rd respondent insurer in O.P. (MV) No. 268 of 2016 on the file of the Motor Accidents Claims Tribunal, Thalassery, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Praveena N.K. wife of the 1st respondent, mother of respondents 2 and 3 and daughter of respondents 4 and 5, who died in a motor accident which occurred on 5.12.2015, while she was riding a scooter bearing registration No. KL-13/U-8663. At the place of accident the scooter was hit by a lorry bearing registration No. TN-21/AX-2772 driven by the 1st respondent and owned by the 2nd respondent before the Tribunal and insured with the appellant insurer. She was ran over by the lorry, who succumbed to the injuries on the date of accident itself. Alleging that the accident occurred due to the rash and negligent driving of the lorry by its driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 65,00,000/- under various heads.

2. Before the Tribunal, the drive

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