HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
BAJAJ ALLIANCE GENERAL – Appellant
Versus
K.MOHANAN – Respondent
JUDGMENT
The appellant is the 3rd respondent insurer in O.P.
(MV)No.330 of 2011 on the file of the Motor Accidents Claims Tribunal, Attingal, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by respondents 1 and 2, claiming compensation on account of the death of one Slokamani, wife of the 1st respondent and mother of the 2nd respondent, in a motor accident which occurred on 27.02.2011, while she was walking along a public road. At the place of accident, she was knocked down by a Bolero car bearing registration No.KL-26/8492, owned by the 3rd respondent and driven by the 4th respondent. In the accident, she sustained fatal injuries, who succumbed to the injuries at the place of accident. Alleging that the accident occurred due to rash and negligent driving of the car by the 4th respondent driver, claim petition was filed before the Tribunal, claiming a total compensation of Rs.9,46,000/-
under various heads.
2. In the impugned award, the Tribunal arrived at a conclusion that the accident occurred due to the rash and negligent driving of Bolero Car by the 4th respondent driver.
Since the said vehicle was covered with valid insurance policy, the appellant insure
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