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2025 Supreme(Ker) 2202

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA
Abdul kareem, S/o.Muhammed – Appellant
Versus
Ali Askar @ Ali Ashar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV SHRI.T.K.SANDEEP
For the Respondent: ADV SRI.S.K.AJAY KUMAR

JUDGMENT :

C.S. SUDHA, J.

These appeals have been filed under Section 173 of the MOTOR VEHICLES ACT , 1988 (the Act) by the claim petitioners in O.P.(MV) Nos.793 & 794 of 2017 on the file of the Motor Accidents Claims Tribunal, Ottapalam, (the Tribunal), aggrieved by the common Award dated 17/01/2020. The respondents in both the appeals are respondents 1 to 3 respectively in the petitions. In these appeals, the parties and the documents will be referred to as described in the original petitions.

2. In both the claim petitions, the claim petitioners are the parents and siblings of the deceased persons. According to the claim petitioners, on 08/08/2017, at about 09:15 a.m. while the deceased in O.P.(MV) No.794/2017 was riding motorcycle bearing registration no.KL-71/C-8910 with the deceased in O.P(MV) No.793/2017, his friend, as pillion rider from Kodiyankunnu to MES Kalladi College, Mannarkkad and when they reached in front of Venga health centre bus bearing registration no.KL-50/C-4362 driven by the first respondent in a rash and negligent manner knocked them down, as a result of which they sustained grievous injuries to which they succumbed. A sum of Rs.20,00,000/- was claimed by t

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