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2024 Supreme(Ker) 1394

ISSAC, THANNIPPARAYIL HOUSE, NILAMBUR KARA & VILLAGE – Appellant
Versus
SHIJAS, S/o. SALIM – Respondent


Advocates Appeared:
For the Appellant : SRI. MATHEW JOHN (K), SRI.AJEESH K. SASI.
For the Respondents: SMT. LATHA SUSAN CHERIYAN - SC

JUDGMENT :

(Shoba Annamma Eapen, J.)

This appeal has been filed by the claimant in OP(MV) No.1210 of 2007 on the file of the Motor Accidents Claims Tribunal, Pala. The respondents herein are the respondents before the tribunal.

2. The case of the appellant/claimant is that on 10.09.2007 at 09.30 p.m., while he was riding as a pillion in a motorcycle bearing registration No.KL-4/M-6781 through Kanjirappally – Erattupetta road, a motorcycle bearing registration No.KL-01/E-312 ridden by the 1st respondent in a rash and negligent manner, hit against the appellant’s motorcycle, whereby the appellant sustained serious injuries. The 1st respondent is the driver, 2 nd respondent is the registered owner, 3 rd respondent is the insured and the 4th respondent is the insurer of the offending vehicle.

3. Respondents 1 to 3 remained ex parte. The 4 rd respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A17 were marked on the side of the appellant/claimant. No evidence was adduced by the respondents. The tribunal, after analysing the pleadings and materi

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