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2025 Supreme(Ker) 1389

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE C.PRATHEEP KUMAR, J
Sabeesh @ Sabeesh Kumar, S/O.Balan – Appellant
Versus
Mammath Koya, S/o. Alikunhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV SRI.K.MUHAMMED SALAHUDHEEN
For the Respondent: ADV SRI.E.M.JOSEPH

JUDGMENT :

The petitioner in O.P.(M.V.) No.927/2014 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 25.12.2013. According to the petitioner, on 25.12.2013 at about 2.30 p.m., while he was travelling as a pillion rider on a motorcycle, a car bearing reg.no.KL-11-N-4726 driven by the 2nd respondent in a rash and negligent manner hit against 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.46,23,000/-.

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

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