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2025 Supreme(Ker) 1419

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Narayanan, S/o. Mani – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV SRI.BABY MATHEW
For the Respondent: ADV SRI.N.S.NAJEEB, STANDING COUNSEL

JUDGMENT :

The petitioner in O.P.(M.V.) No.26/2011 on the file of the Motor Accident Claims Tribunal, Palakkad 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 31.5.2009. According to the petitioner, on 31.5.2009 at about 11 a.m., while he was riding a bicycle, he was knocked down by a car driven by the 2nd respondent in a rash and negligent manner so that he sustained 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.1,20,000/-.

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

5. The evidence in the case consists of documentary evidence Exts.

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