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2025 Supreme(Ker) 1577

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha
P.M.Suhara – Appellant
Versus
Oriental Insurance Co. Ltd – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Alex Thannippilly
For the Respondent: VPK. Panicker, K.S.Santhi

JUDGMENT :

C.S.SUDHA, J.

This appeal has been filed under Section 173 of the MOTOR VEHICLES ACT , 1988 (the Act) by the claimant/petitioner in O.P.(MV) No.955/2014 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 12/03/2019. The sole respondent herein is the second respondent/insurer in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. According to the claimant/petitioner, on 14/06/2015 at 02:45 p.m., she was travelling as a pillion rider in motorcycle bearing registration no.KL-43/C-3945 through Ernakulam-Thoppumpady road. While so a lorry bearing registration no.KL-01/BL-902 driven by the first respondent in a rash and negligent manner knocked down the motorcycle as a result of which she was thrown on to the road whereby she sustained grievous injuries. Hence the petition claiming a sum of Rs.4,00,000/- as compensation.

3. The 2nd respondent/insurer filed written statement admitting the existence of a valid policy in respect of the offending vehicle. There was no negligence on the part of the first respondent

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