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2025 Supreme(Ker) 1386

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE C.PRATHEEP KUMAR, J
Ashraf Ali, S/o Mammu – Appellant
Versus
Zayad Abdulla, S/o Kunhabdulla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.SUDHISH, SMT.M.MANJU
For the Respondent: ADV SMT.RAJI T.BHASKAR

JUDGMENT :

The petitioner in O.P.(M.V.) No.1326/2016 on the file of the Motor Accident Claims Tribunal, Kozhikode, 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 Sections 140 and 166 of the Motor Vehicles Act, 1988, claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 24.02.2016. According to the petitioner, on 24.02.2016 at about 5.30 a.m., while he was riding a motorcycle, a jeep bearing reg.no.KL-18-Q-981 driven by the 2nd respondent in a rash and negligent manner, hit on the motorcycle and as a result of which he fell down and sustained serious injuries.

3. The 1st respondent is the owner, the 2nd respondent is the driver 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 Rs.8,07,000/- limited to Rs.6,00,000/-.

4. The insurance company filed a written statement, admitting the accident as well as policy, but disputing the negligence on the p

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