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2025 Supreme(Ker) 1981

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA
Noorudheen, S/o.Ali Mohammed – Appellant
Versus
N.B.Shabeer, S/o.Basheer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.A.R.NIMOD, SRI.M.A.AUGUSTINE,
For the Respondent: SRI.GEORGE CHERIAN (SR.), SMT.ALEXY AUGUSTINE

JUDGMENT :

C.S. SUDHA, J.

This appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 (the Act) has been filed by the claim petitioners in O.P.(MV) No.1984/2013 on the file of the Motor Accidents Claims Tribunal, Thrissur (the Tribunal), aggrieved by the amount of compensation granted by Award dated 19/12/2019. The respondents herein are the respondents in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. The claim petitioners are the parents and siblings of the deceased. According to the claim petitioners, on 09/05/2013 at about 04:30 a.m., while the deceased was travelling in car bearing registration No. KL-46-E-5999, through Ernakulam-Amballur road and when he reached near Perambra Leo Bhavan Convent, the car driven by the first respondent in a rash and negligent manner rammed against lorry bearing registration No.KL-7-AU-7185 causing grievous injuries to which he succumbed. Hence, the petition claiming an amount of Rs.20,00,000/- under various heads.

3. The first respondent/owner-cum-driver remained ex parte.

4. The second respondent/insurer filed written statement admitting the policy, but denying negligen

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