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2020 Supreme(Ker) 261

ANIL K.NARENDRAN
M. Kunhalavi S/o Hydru – Appellant
Versus
Subair S/o Abu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. K.M. Mohamed Abdurahiman.
For the Respondents: Sri. C.T. Basheer, Smt. K.S. Santhi.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The appellants are the claimants in O.P. (MV) No. 979 of 2007 on the file of the Motor Accidents Claims Tribunal, Manjeri, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Hydru, father of the appellants, who died in a motor accident which occurred on 17.10.2006, while he was walking along the side of a public road. At the place of accident, he was knocked down by an autorickshaw bearing registration No. KL-10/V-3381 driven by the 1st respondent, owned by the 2nd respondent and insured with the 4th respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries on the date of accident itself. Alleging that the accident occurred due to rash and negligent driving of the autorickshaw by the 1st respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 4,00,000/- under various heads.

2. Before the Tribunal, the 1st respondent driver and the 2nd respondent owner of the autorickshaw remained absent and they

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