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2021 Supreme(Ker) 1031

A.BADHARUDEEN
Shaju S/o Ramakrishnan – Appellant
Versus
Purushothaman – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. P.V. Baby, Sri. A.N. Santhosh.
For the Respondents: Sri. M.C. Gopi, Sri. P.M.M. Najeeb Khan.

JUDGMENT :

A. BADHARUDEEN, J.

1. M.A.C.A. No. 1645/2013 is an appeal filed by the 1st respondent in O.P. (MV) No. 1357 of 2007 on the file of the Motor Accident Claims Tribunal, Irinjalakuda challenging award dated 06.11.2012 in the above case. The original petitioner has filed M.A.C.A. No. 112 of 2013 for getting enhanced compensation.

2. Heard the learned counsel for the appellants and the contesting respondents in appeal.

3. Short facts:

    The petitioner would contend that on 8.8.2007 at about 1 p.m. while he was riding his motorcycle bearing Reg. No. KL-45-7166 through Amballur-Pudukkad NH road, he was hit down by another motorcycle bearing Reg. No. KL-8/R-7612, driven by the 2nd respondent in a rash and negligent manner. Accordingly, the petitioner filed an application under Section 166 of the Motor Vehicles Act and canvassed compensation to the tune of Rs. 1,00,000/-. Respondents 1 to 3 are the owner, driver and insurer of the vehicle bearing Reg. No. KL-8/R-7612.

4. I will refer the parties in these matters as petitioner and respondents herein.

5. 1st and 2nd respondents were set ex-parte before the Tribunal. The 3rd respondent filed written statement. Issuance of valid policy to veh

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