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2024 Supreme(Ker) 1637

SHOBA ANNAMMA EAPEN
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SINDHU K. W/O KANNAN K. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DINESH MATHEW J. MURIKAN
For the Respondents: SHYAM PADMAN, BOBY M. SEKHAR, LAYA MARY JOSEPH

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

1. This appeal has been filed by the third respondent insurer in OP (MV) No. 653 of 2016 on the file of the Additional Motor Accidents Claims Tribunal-II, Palakkad, challenging the impugned award dated 31.07.2017. The first respondent herein was the claimant and respondents 2 & 3 herein were respondents 1 & 2 before the tribunal.

2. The case of the claimant before the tribunal was that on 11.10.2015, while the deceased Siju was walking along the side of the public road in Chandranagar, a motorcycle bearing Reg. No. TN 40-B-9556 ridden by the second respondent in a rash and negligent manner, hit against him, whereby he sustained fatal injuries and succumbed to the injuries. The claimant has approached the tribunal claiming a total compensation of Rs. 20,00,000/-. The first respondent appeared before the tribunal and filed a written statement. The second respondent remained ex-parte before the tribunal. The third 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, PW1 was examined and Exts.A1 to A11 were marked on the

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