IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 1^ST DAY OF JULY 2024 / 10TH ASHADHA, 1946 MACA NO. 472 OF 2019 OPMV NO.76 OF 2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM APPELLANT/PETITIONER:

H.H.JAYALAKSHMI AGED 54 YEARS W/O. PANEERSELVAM, HOUSE NO.10/1114A, DHOBI STREET, VELI, FORT KOCHI, KOCHI - 682 001.

BY ADVS.

RAHUL SASI SMT.NEETHU PREM RESPONDENT/4TH RESPONDENT:

THE NEW INDIA INSURANCE CO.LTD, ERNAKULAM - 682 011.

BY ADVS.

SRI.GEORGE CHERIAN (SR.)

SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 01.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT This appeal has been filed by the claimant in OP(MV)

No.76 of 2014 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondent herein was the fourth respondent before the tribunal.

2. The case of the appellant/claimant is that on

05.10.2013 at 2.30 pm, while she was pillion riding on a motorcycle bearing Reg.No.TN 02 AS 8440 from west to east through Navy Nagar Quarters road at Mundamveli, an autorickshaw bearing Reg.No.KL 43 E 772 owned and driven by the first and second respondents resp