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2017 Supreme(Online)(KER) 8214

HIGH COURT OF KERALA
C.T.RAVIKUMAR, ANIL K. NARENDRAN, JJ
MOHANAN.G – Appellant
Versus
P.J.PAULY – Respondent


Advocates:
SRI.P.V.CHANDRA MOHAN, SRI.M.A.GEORGE

J U D G M E N T

A NIL K.NARENDRAN , J.

This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, dated 15.10.2011 in O.P. (M.V)No.3308/2002, a claim petition filed by the appellant/claimant under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injury sustained in a motor accident which occurred on 25.10.2001, while he was travelling as a pillion rider in a Moped bearing registration No.TN-37/H-3544. At the place of accident, the Moped was hit by a tempo van bearing registration No.KL-08/K-9158 owned and driven by respondents 1 and 2 and insured with the 3rd respondent. Claiming compensation on account of the injury sustained in the accident, the appellant/claimant filed claim petition before the Tribunal, contending that the accident occurred due to the rash and negligent driving of the tempo van by the 2nd respondent driver. He claimed a total compensation of Rs.5,34,000/- under different heads.

2. Before the Tribunal, Exts.A1 to A11 were marked on the side of the appellant/claimant. On the side of the respondents, a copy of the policy certificate was marked as Ext.B1. The Patient Record File was marked as Ext.X1. The app

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