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2025 Supreme(Ker) 1376

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE C.PRATHEEP KUMAR, J
Kumari Sukanya, D/o. Kunjumon – Appellant
Versus
Sajimon P. S/o. P.K. Prabhakaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV SRI.B.PRAMOD

JUDGMENT :

The petitioner in O.P.(M.V.) No.1477/2008 on the file of the Addl.Motor Accident Claims Tribunal, Alappuzha, is the appellant herein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

2. 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 18.05.2008. The petitioner was a 12 year old girl at the time of the accident. According to the petitioner, on 18.05.2008 at about 5.30 p.m., while the child was standing in front of her school, a maruti omni van bearing reg.no.KL-4/P-0739 driven by the 1st respondent in a rash and negligent manner, knocked her down, and as a result of the accident, she sustained serious injuries.

3. The 1st respondent is the driver, the 2nd respondent is the owner and 3rd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. is limited to Rs.6,00,000/-

4. The insurance company filed a written statement, admitting

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