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2025 Supreme(Online)(KER) 2804

HIGH COURT OF KERALA
C. PRATHEEP KUMAR, J
SASIDHARAN NAMBOOTHIRI – Appellant
Versus
RAJEEV KESAVAN – Respondent


Advocates:
SRI.THYPARAMBIL THOMAS THOMAS, SMT.ASHA BABU, SMT.R.S.ASWINI SANKAR, SRI.S.M.PRASANTH - R1, SMT.S.PARVATHI, SRI.K.RAMAKUMAR SR., SRI.P.K.MANOJKUMAR -SC

JUDGMENT

The petitioners in O.P.(MV) No.2032/2011 on the file of the Motor Accidents Claims Tribunal, Kollam are the appellants herein. They are the parents and sister of the deceased Pramod who died in a motor vehicle accident that occurred on 30.06.2011.

2. According to the petitioners, on 30.06.2011 at about 02.00 pm, while the deceased was sitting on his motorcycle bearing Registration No.KL-02 V-8023, which was parked by the road margin, a car bearing Registration No.KL-4V-5068 driven by the 2nd respondent in a rash and negligent manner hit the deceased. As a result of which, he was thrown away and he sustained grievous injuries and he succumbed to the injuries on 01.07.2011.

3. According to the petitioners, the accident occurred due to the rash and negligent driving of the car by the 2nd respondent. The 1st respondent is the RC owner and 3rd respondent is the insurer of the offending vehicle. Therefore, they filed the OP claiming a compensation of Rs.9,00,000/-.

4. Respondents in the written statement admitted the accident as well as valid insurance policy but disputed the negligence on the part of the 2nd respondent. The evidence in the case consists of documentary evidence Exts

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