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2024 Supreme(Online)(KER) 53827

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
PAVITHRAN – Appellant
Versus
ANTONY.O – Respondent


Advocates:
SRI.K.SIJU SMT.CHITHRA.S.BABU, SMT.RAJI T.BHASKAR

JUDGMENT

The appellant was the petitioner in O.P.(M.V.) No.1148/2010 on the files of the Motor Accident Claims Tribunal, Kollam. The said claim petition was submitted by him seeking compensation for the injuries sustained in a motor accident that occurred on 14.12.2009. According to him, the accident occurred when he was peddling a bicycle; he was knocked down by a lorry bearing Registration No.4/D 4775, driven by the 2nd respondent in a rash and negligent manner. The 1st respondent was the owner of the said vehicle and it was insured with the 3rd respondent. The appellant sustained serious injuries in the accident. He was a head load worker aged 35 years with a monthly income of Rs.6,000/-. The claim petition was submitted in such circumstances.

2. The 3rd respondent filed a written statement admitting the coverage of policy for the said vehicle. However, they denied negligence on the part of the driver of the lorry. The quantum of compensation was also disputed by them.

3. The evidence in this case consists of oral testimony of PW1 and as documentary evidence, Exts.A1 to A10 were marked, from the side of the appellant. No evidence was adduced by the respondents. After the trial, the

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