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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Johnson John ,J
Reliance General Insurance Co.Ltd. – Appellant
Versus
Salila – Respondent
JUDGMENT :
JOHNSON JOHN, J.
These appeals are filed by the 2nd respondent insurance company and the claim petitioners challenging the quantum of compensation fixed by the Tribunal as per award dated 25.09.2019 in O.P.(MV) No. 941 of 2017 on the file of the Motor Accident Claims Tribunal, Pathanamthitta.
2. The claim petitioners are the legal heirs of the deceased Pankajakshan, who died in a motor vehicle accident. According to the petitioners, on 28.05.2017 while the deceased was driving an autorickshaw, car driven by the 1st respondent in a rash and negligent manner caused to hit the autorickshaw and thereby, the deceased sustained serious injuries and subsequently succumbed to his injuries, while undergoing treatment in the hospital. The 1st respondent is also the owner of the offending vehicle and the 2nd respondent is the insurer.
3. Before the Tribunal, Exhibits A1 to A10 were marked from the side of the petitioners and no evidence adduced from the side of the respondents. The Tribunal arrived at a finding that the accident occurred because of the negligence on the part of the 1st respondent and that respondents 1 and 2 are jointly and severally liable to pay compensation to the p
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