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2025 Supreme(Online)(KER) 2788

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
NAHIM V – Appellant
Versus
THE MANAGING DIRECTOR – Respondent


Advocates:
P.V.ANOOP K.V.SREERAJ, ALEX ANTONY SEBASTIAN P.A.

JUDGMENT

The petitioner in O.P.(MV) No.201/2009 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, is the appellant. The respondents in the O.P. are the respondents herein. 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 111.01.2007.

2. According to the petitioner, while he was traveling in a Maruthi Van bearing Registration No.KL-11-L-4399 along the Kozhikode-Wayanad public road, a KSRTC bus, bearing Registration No.KL-15-3599 driven by the 3rd respondent, in a rash and negligent manner, hit against the Maruthi Van. As a result of which, he sustained serious injuries.

3. The 1st respondent is the owner and the 2nd respondent is the Official of the 1st respondent. Before the Tribunal, the respondents 2 and 3 remained ex-parte. The 1st respondent filed a written statement contending that there is contributory negligence.

4. The evidence in the case consists of the documentary evidence Exts.A1 to A7. No evidence was adduced by the respondents.

5. After evaluating the evidence on record, the Tribunal awarded a total compensation of Rs

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