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2024 Supreme(Online)(KER) 50517

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
SARANYA – Appellant
Versus
THIRU S RANGASWAMI – Respondent


Advocates:
SRI.K.M.MOHAMED ABDURAHIMAN, V. JAYAPRADEEP-R3

JUDGMENT

The appellants are the petitioners in OP(MV) No.848/2010 on the files of the Motor Accident Claims Tribunal, Manjeri.

2. The said claim petition was submitted by the appellants seeking compensation for the death of a woman aged 25 years at the time of the accident. The 1st appellant was the minor daughter and the 2nd appellant was the husband of the deceased. She was a manual labourer and the monthly income claimed was Rs.6,000/-. The owner and driver of the vehicle involved in the accident, which was an autorickshaw, did not contest the matter. The 3rd respondent insurance company admitted the coverage of policy but disputed the liability on various grounds. The quantum of compensation was also objected to by them.

3. The evidence in this case consists of Exts.A1 to A4 from the side of the appellants and no evidence was adduced by the respondents.

4. After the trial, the tribunal came to the conclusion that the accident occurred due to the negligence on the part of the driver of the autorikkshaw and being the insurer, the 3rd respondent was held liable to pay the compensation. The quantum of compensation was fixed as Rs.2,90,000/- and the said amount was directed to be deposi

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