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2025 Supreme(Ker) 910

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
BHARTI AXA G.O.CO.LTD – Appellant
Versus
ASMA BEEVI W/o.late THANKAPPA RAWTHER @@@ SHAHUL HAMEED, – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV K.S.SANTHI- SC
For the Respondent: BY ADVS. S.MUHAMMED HANEEFF M.H.ASIF ALI

JUDGMENT :

The petitioners in O.P.(M.V.) No.716/ 2012 on the file of the Motor Accident Claims Tribunal, Punalur are the appellant in M.A.C.A.No. 803 of 2019. The 3rd respondent is the above O.P. is the appellant in M.A.C.A.No. 588 of 2018. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal). Petitioners are the wife, mother, minor child and brother of the deceased Rasheed.

2. The O.P. was filed under under Section 166 of the Motor Vehicles Act, 1988, by the legal representatives of the deceased Rasheed, who died in a motor vehicle accident that occurred on 06.07.2012. According to the petitioners, on 06.07.2012, at about 7.30 p.m, the deceased was travelling in his Scropio car along the Dindigul- Madurai Public road from north to south. When he reached near Arogya Milk, compnay, a container lorry bearing Reg.No. HR-38Q/5953 driven by the 2nd respondent in a rash and negligent manner took a U turn without giving any signal and as a result of which, the car happened to hit on the rear side of the lorry. In the accident, he sustained serious injuries and later on he succumbed to the injuries, on 06.07.2012, while under treatment

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