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2023 Supreme(Online)(KER) 20180

HIGH COURT OF KERALA
Murali Purushothaman, J
THE MANAGER, NEW INDIA ASSURANCE COMPANY LTD.
– Appellant
Versus

K.V.PRACHOD – Respondent


Advocates:
LAL GEORGE SEBASTIAN VARGHESE(K/141/2000), A.R.NIMOD, M.A.AUGUSTINE

JUDGMENT

The appeal is preferred by the 3rd respondent Insurance Company against the award in O.P(MV) No.635 of 2019 of the Motor Accidents Claims Tribunal, Kalpetta. The parties are referred to as per their status in the claim petition.

2. Petitioners are the elder brothers of deceased Pramod, who died in a motor vehicle accident, which occurred on 21.05.2007. According to the petitioners, the deceased, while travelling in a KSRTC bus, sustained serious injuries when a lorry driven by the 1st respondent hit against the bus. Pramod succumbed to injuries on the way to hospital. It is stated that two years after the death of the deceased, the mother died on 26.05.2009 on account of mental depression. Ten years after the death of the mother and 12 years after the date of the accident, the petitioners preferred the claim petition under Section 166 of the Motor Vehicles Act [for brevity, ‘the MV Act’] as the legal heirs of their late mother, claiming compensation for the death of Pramod. The petitioners produced Exts.A1 to A9 documents in support of their claim. Ext.A1 is the copy of the First Information Report, Ext.A2 series are the copies of the AMVI report, Ext.A3 is the copy of cha

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