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2025 Supreme(Online)(KER) 12116

HIGH COURT OF KERALA
JOHNSON JOHN, J
VIJAYAMMA – Appellant
Versus
MANOJ KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: G.RANJU MOHAN, SMT.M.SANTHI
For the Respondents: SRI. PRATHEESH.P, SMT. MARIYA JOSE

JUDGMENT

The appellant is the petitioner in O.P.(MV) No. 2244 of 2015 on the file of the Motor Accident Claims Tribunal, Kollam.

2. According to the claim petitioner, on 16.01.2015, while she was walking through the side of the road, motorcycle ridden by the respondent in a rash and negligent manner caused to hit her and thereby, she sustained serious injuries.

3. Before the Tribunal, Exhibits A1 to A13 were marked from the side of the petitioner and no evidence adduced from the side of the respondent. The Tribunal recorded a finding that the petitioner has not succeeded in establishing negligence on the part of the respondent and hence, the claim petition was dismissed.

4. Heard the learned counsel appearing for the appellant and the learned counsel for the respondent.

5. The learned counsel for the appellant argued that the Tribunal dismissed the claim petition on the ground that the appellant failed to produce the copy of the charge sheet filed by the police against the respondent and the said finding is not correct. It is argued that in fact, the petitioner has produced the copy of the final report before the Tribunal and because of an inadvertent error on the part of the counsel, t

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