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2025 Supreme(KER) 1043

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
THE NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
T.SIDHAYYA S/o.jagannadan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV SRI.VPK.PANICKER
For the Respondent: BY ADVS. AKHIL K.MADHAV GEORGE CHERIAN (SR.) A.T.ANILKUMAR K.S.SANTHI LATHA SUSAN CHERIAN

JUDGMENT :

(C. PRATHEEP KUMAR, J.)

The 3rd respondent in O.P.(M.V.)No. 1102/2011 on the file of the Motor Accident Claims Tribunal, Alappuzha, is the appellant and the petitioner in the O.P. is the Cross Objector. For the purpose of convenience, the parties are hereinafter referred to as per their rank before the Tribunal. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 26.12.2010.

2. According to the petitioner, on 26.12.2010 at about 1.30 a.m., he was travelling in the lorry bearing registration No.KL-4 S-2039 along Karoor -Salem NH17 public road as cleaner of the said lorry driven by the 4th respondent. When they reached the place of occurrence, another lorry bearing registration No.TN-28V-5153 driven by the 1st respondent collided with the lorry in which he was travelling and as a result of which, he sustained serious injuries. The 1st respondent is the driver, the 2nd respondent is the owner and 3rd respondent is the insurer of the lorry TN-28V-5153. 4th respondent is the driver, 5th respondent is the owner and 6th respondent is the insurer of the l

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