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2025 Supreme(Ker) 2322

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA
New India Assurance Co. Ltd., Represented By Its Assistant Manager – Appellant
Versus
Krishnan Nair C.K., S/o. Rayarappan Nair – Respondent


Advocates Appeared:
For the Appellant : Sri. George Cherian (SR.), Smt. K.S. Santhi, Smt. Latha Susan Cherian.
For the Respondent: Sri.V. Binoy Ram.

JUDGMENT :

C.S. SUDHA, J.

These appeals under Section 173 of the MOTOR VEHICLES ACT , 1988 (the Act) have been filed by the third respondent/insurer and the claim petitioners respectively in O.P.(MV) No.1057/2015 on the file of the Motor Accidents Claims Tribunal, Thalassery (the Tribunal) aggrieved by the amount of compensation granted by Award dated 18/07/2019. The respondents in MACA No.213/2020 are the claim petitioners and the respondents in MACA No.1980/2021 are the respondents respectively in the original petition. In these appeals, 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 25/12/2013 at about 06:20 p.m., while the deceased was riding motorbike bearing registration No.KL-13-U-2468 from Kannur to Kuthuparamba, bus bearing registration No.KL-13-Q-6856 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. A sum of Rs.15,00,000/- was claimed as compensation under various heads.

3. The first respondent/owner and the second respo

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