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2025 Supreme(Online)(KER) 15243

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
THAJUDHEEN – Appellant
Versus
SUBAIR – Respondent


Advocates:
SRI.N.V.P.RAFEEQUE SMT.PRAJISHA M., GEORGE CHERIAN (SR.), LATHA SUSAN CHERIAN-SC

JUDGMENT

Dated this the 29th day of January, 2025

The petitioner in O.P.(M.V.) No.1199/2012 on the file of the Motor Accident Claims Tribunal, Manjeri is the appellant herein. ((For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal) red to as per their rank before the Tribunal)

2. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 28.7.2012. According to the petitioner, on 28.7.2012 at about 10 a.m., while he was riding his motor cycle from Valorangal to Kalaputtu Kandam a Tata sumo car bearing registration No. KL-5P-8322 driven by the 2nd respondent in a rash and negligent manner hit on the motor cycle and as a result of which he fell down and sustained serious injuries.

3. The 1st respondent is the owner, the 2nd respondent is the driver, 3rd respondent is the insured and the 4th respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.15,0

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