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2025 Supreme(Ker) 1588

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha
Nayana – Appellant
Versus
Managing Director, K.S.R.T. Corporation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.T.Pradeep, Smt.M.Bindudas
For the Respondent: Sri.P.C.Chacko, Sc, G.Ranju Mohan, Alex Antony Sebastian P.A.

JUDGMENT :

C.S. SUDHA, J.

This appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 (the Act) has been filed by the claimants in O.P.(MV) No.148/2013 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 10.12.2018. The sole respondent herein is the 1st respondent/owner 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 claimants/petitioners, on 20.10.2012, at about 7.20 p.m, the deceased along with a pillion rider was riding a motorcycle along the Neyyattinkara - Kattakkada public road. When they reached near CSI Church, Thozhukkal, K.S.R.T.C. bus bearing Reg.No.KL-15-5464 driven by the second respondent in a rash and negligent manner knocked him down, as a result of which he sustained grievous injuries to which he succumbed. The claimants sought Rs. 15,00,000/-(Rupees Fifteen Lakhs) as compensation.

3. Before the Tribunal, the 2nd respondent/driver remained ex parte.

4. The 1st respondent K.S.R.T.C/owner of the bus filed written statement denying the claim and contending that the incident was due t

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