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2020 Supreme(Online)(KER) 34693

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
NEW INDIA ASSURANCE COMPANY LTD., – Appellant
Versus
RUGMANI, – Respondent


Advocates:
SRI.RAJAN P.KALIYATH, SRI.P.K.NIJOY, SMT.C.PRABITHA, SRI.REJOICE B.CHEMBAKASSERIL

JUDGMENT

The appellant is the 2nd respondent insurer in O.P.(MV)

No.1268 of 2016 on the file of the Additional Motor Accidents Claim Tribunal, Palakkad, a claim petition filed under Section 163A of the Motor Vehicles Act, 1988 by respondents 1 and 2, claiming compensation on account of death of one Shijesh, son of the 1st respondent and brother of the 2nd respondent, in a motor accident which occurred on 04.01.2012, while he was riding a motorcycle bearing registration No.KL-09/AA- 6821, owned by the 3rd respondent and insured with the appellant. At the place of accident, the motorcycle skidded and the deceased fell down, who sustained fatal injuries. He was taken to Paalana Hospital, from where he was referred to Jubilee Mission Hospital, where he succumbed to the injuries on 05.01.2012. Alleging that the deceased died on account of the injuries sustained in a motor accident involving motorcycle bearing registration No.KL-09/AA-6821, claim petition was filed before the Tribunal claiming a total compensation of Rs.8,20,000/- under various heads.

2. Before the Tribunal, the 3rd respondent owner of the motorcycle remained absent and he was set ex-parte. The appellant insurer filed wri

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