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2023 Supreme(Online)(Ker) 57129

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MARY JOSEPH, J
THE UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
MOLY W/O.APPACHAN,AMAL GARDENS, THIRUNELLOOR.P.O,CHERTHALA,PIN-688 524. – Respondent


Advocates:
For the Appellants/Petitioners: K.S.SANTHI GEORGE CHERIAN (SR.), GEORGE A.CHERIAN
For the Respondents: SRI.J.OM PRAKASH

JUDGMENT

The appeal on hand is filed by the 3rd respondent in O.P(M.V) No.104/2007 pending on the files of Motor Accidents Claims Tribunal, Alappuzha (for short, ‘the Tribunal’) challenging the award passed on 18/05/2012.

2. For the sake of convenience, the parties to this appeal will hereinafter be referred to as the petitioner and respondents 1 to 4 in accordance with their status in the Original Petition.

3. The 3rd respondent was the insurer of the offending vehicle involved in the incident occurred on 09/02/2006. On that day, a Lorry bearing Registration No. TN.27/H-1117, wherein coir fibers were loaded and proceeding to a factory, caught fire in the factory premises on touching with an electric line due to the rash and negligent act of the driver of the Lorry. In the fire, the entire 159 bundles of coir fibers loaded in the Lorry and 1300 bundles of coir fibers belonging to the petitioner, lying in the factory premises and 600 bundles of coir fibers of various other persons brought there for processing were completely destroyed. Due to the catching of fire of the coir fibers belonging to the petitioner, she sustained a loss of Rs.5,00,000/-. Alleging that the damages were result

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