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2021 Supreme(Ker) 643

A.BADHARUDEEN
New India Assurance Company Ltd. – Appellant
Versus
Divya, W/o Late. Lijeesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Rajan P.Kaliyath, Adv.
For the Respondent: AVM. Salahudin, Adv.

JUDGMENT :

This appeal is at the instance of the original third respondent, the insurance company, in OP(MV) No.1339 of 2016 challenging quantum of compensation granted by the Tribunal as per award dated 07-04-2018. The original petitioners are arrayed as respondents herein.

2. Parties in this appeal will be referred to as to their status before the Tribunal for brevity and convenience.

3. Short facts :

One Lijeesh met with an accident on 7-2-2016 at about 9.30 pm while he was riding a motor cycle bearing registration No. KL 57 M 3963 from Thamarassery to Adivaram, when the vehicle collided with a car bearing registration No.KL M 3597. According to the petitioners, the accident was the contribution of the second respondent, the driver of the above car, thereby Rs.2 Crore was claimed as compensation by the legal heirs of the deceased under Section 166 of the Motor Vehicles Act.

4. Respondents 1 and 2 remained ex parte before the Tribunal. They were not made parties to this appeal.

5. Third respondent filed the written statement and admitted the policy. The accident as well as negligence were disputed. Similarly, quantum also was disputed.

6. The Tribunal adjudicated the matter along with O

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