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2021 Supreme(Ker) 702

A.BADHARUDEEN
National Insurance Company Limited – Appellant
Versus
Soumya. V. S. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Lal George, Adv.
For the Respondent: Sri.A.N.Santhosh, Adv.

JUDGMENT :

National Insurance Company, the original 3rd respondent in the O.P(MV).No.1529/2015, has preferred this appeal challenging award dated 31.1.2019 on the file of the Motor Accident Claims Tribunal, Perumbavoor urging that excess amount was granted towards compensation by the Tribunal. Original petitioners 1 to 5 are the respondents herein.

2. The parties in this appeal will be referred as ‘insurance company' as well as ‘petitioners', hereinafter.

3. Briefly spelt, the petitioners, who are legal-heirs and dependents of the deceased Sooraj Raveendran, approached the Tribunal and sought compensation to the tune of Rs.80 lakh. According to the petitioners, on 21.10.2015 at about 10.30 p.m while Sooraj Raveendran was riding his scooter bearing Registration No.KL-41/H-9695 through the Seaport-Airport road from south to north and when he reached near Poojari corner, he was hit down by a lorry bearing Registration No.TN-52/F-2454 driven by the 2nd respondent in a rash and negligent manner came from behind. Though Sooraj Raveendran was taken to Sunrise Hospital, he succumbed to injuries on the same day.

4. The original respondents 1 and 2, the owner and driver of the lorry bearing Regi

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