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2023 Supreme(Ker) 696

ZIYAD RAHMAN A. A.
New India Assurance Co. Ltd. – Appellant
Versus
Shymi, W/o. Shameer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.S.SANTHI, LATHA SUSAN CHERIAN, PRATHEESH P.
For the Respondent: SRI.PRATHEESH P., SMT.RENY ANTO, K.S.SANTHI

JUDGMENT:

[MACA No.51/2019 & CO No. 52/2019]

..

This appeal is submitted by the appellant 3rd respondent -Insurance Company, challenging the award dated 29.08.2018 passed by the Motor Accident Claims Tribunal, Kollam, in OP(MV) No.2000/2015. The aforesaid claim petition was submitted by the respondents herein seeking compensation for the death of one Shameer, in a motor accident that occurred on 14.10.2015. The deceased was the husband of the 1st respondent, the father of the 2nd respondent and the son of respondents 3 and 4.

2. The accident occurred when the motorcycle ridden by the deceased was hit by a KSRTC Bus bearing registration No.KL-15 S 9446 driven by the 2nd respondent in the claim petition. The said vehicle was insured with the appellant herein. According to the claimants, the deceased was working as a Scaffold worker under one Musthafa with a monthly income of Rs.18,000/-. The total amount of compensation claimed was Rs.20 lakhs.

3. The owner and driver of the vehicle filed a written statement disputing the negligence on the part of the 2nd respondent in the claim petition. The quantum of compensation was also disputed. It was also contended that the vehicle was covered wit

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