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2022 Supreme(Online)(KER) 56482

HIGH COURT OF KERALA
GEORGE M.T. – Appellant
Versus
JAMAL – Respondent


JUDGMENT

Appellant is the claimant in O.P.(M.V)No.1189/2007 on the file of Motor Accidents Claims Tribunal, Muvattupuzha (in short, the Tribunal). The claim petition has been filed under Section 166 of the Motor Vehicles Act, 1988 (in short, the Act), claiming total compensation of Rs.2,68,000/-, for the injuries sustained by the claimant in a motor accident occurred on

01.08.2007.

2. It is alleged that while the appellant/claimant was walking through Kothamangalam – Perumbavoor public road and reached at Nellikuzhi Canal Bridge, motorcycle bearing Reg.No.KL-40-733 ridden by the first respondent hit him, resulting in serious injuries to the appellant. The accident happened due to the rash and negligent driving of the motorcycle by the first respondent, owner cum rider. Second respondent is the insurer of the vehicle.

3. Before the Tribunal, first respondent filed written statement contending that the accident happened due to the negligence of the appellant/claimant and the claim under various heads are also contended to be excessive and exorbitant.

4. Second respondent, insurer, filed written statement admitting the policy coverage with respect to the offending vehicle.

5. PW1 examined a

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