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2024 Supreme(Online)(KER) 52559

HIGH COURT OF KERALA
RAJ KAMAL – Appellant
Versus
ROOPESH RADHAKRISHNAN – Respondent


JUDGMENT

The claimant in O.P.(MV).No.668/2001 on the files of the Motor Accident Claims Tribunal, Mavelikkara, has approached this Court by filing this appeal, being aggrieved by the dismissal of the claim petition.

2. According to the appellant, he sustained injuries in a motor accident that occurred on 08.03.2000, when the motorcycle bearing Registration No.KL-04-D-7119, on which he was pillion riding, was hit against an electric post due to the rash and negligent riding of the 1st respondent. Consequent to the same, the appellant was thrown away and sustained serious injuries, for which, he availed inpatient treatment at Pushpagiri Hospital, Thiruvalla. The claim petition was submitted in such circumstances seeking compensation.

3. Initially, the 2nd respondent/Insurance Company filed a written statement accepting the coverage of policy for the vehicle but disputing the accident. According to the 2nd respondent/Insurer, at the time of the accident, the appellant, was driving the vehicle and not the 1st respondent as claimed in the claim petition. Therefore, they sought the dismissal of the claim petition. They also disputed the quantum of compensation. After completing the evidenc

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