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2024 Supreme(Online)(KER) 15662

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
VIJAYAKUMAR B. – Appellant
Versus
DANEESH – Respondent


JUDGMENT

The appellant was the petitioner in O.P.(M.V.) No.1398/2004 on the files of the Motor Accidents Claims Tribunal, Attingal. The said claim petition was submitted by him seeking compensation for the injuries sustained to him in a motor accident that occurred on 02.05.2004. According to him, the accident occurred when he was travelling as a pillion rider on a motorcycle bearing Registration No.KL 16/3713 ridden by the 2nd respondent, he applied sudden break in a rash and negligent manner and as the consequence of the same, the appellant was thrown off to the road, thereby causing serious bodily injuries. The said motorcycle was owned by the 1st respondent and was insured with the 3rd respondent. The claim petition was submitted in such circumstances by the appellant seeking a total compensation of Rs.2,00,000/-.

2. The 3rd respondent alone contested the matter by filing a written statement, wherein they admitted the coverage of policy for the said vehicle. However, they denied the liability on various grounds. The quantum of compensation was also disputed by them.

3. The evidence in this case consists of Exts.A1 to A5 from the side of the appellant and from the side of the respo

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