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2025 Supreme(Online)(KER) 7994

HIGH COURT OF KERALA
Easwaran S., J
THE DIVISIONAL MANAGER – Appellant
Versus
SANTHOSH – Respondent


Advocates:
LAL K.JOSEPH, T.A.LUXY, SURESH SUKUMAR, ANZIL SALIM CHACKO, MATHEWS K., PRATHEESH.P, ALEX ANTONY, SEBASTIAN P.A., ANJANA KANNATH, SAFNA P.S.

JUDGMENT :

EASWARAN S., J.

This appeal is preferred by the insurance company aggrieved by the award passed by the Motor Accidents Claims Tribunal, Kollam in O.P.(M.V.) No.371 of 2016.

2. The brief facts for the disposal of the appeal are as follows: On 03.7.2013, while the 1st respondent /claimant was travelling on a motorcycle bearing registration No.KL-7/BB-5640 through Kollam- Alappuzha NH 47 in the North-South direction in front of Titanium Sponge Factory, Chavara, the offending KSRTC bus bearing registration No.KL-15-6459 driven in a rash and negligent manner from South to North that is the opposite direction hit against the motor cycle, causing injuries to the claimant. The insurance company appeared and filed a written statement contending that the negligence alleged against the 2nd respondent in the claim petition is not correct. The claim for compensation under various heads was also questioned. On behalf of the claimant, Exts.A1 to A15 documents were produced before the tribunal. On behalf of the insurance company, Ext.B1, the case records relating to the Crime was produced. The claimant examined the eyewitness who saw the accident as PW1, while the insurance company examine

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