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2025 Supreme(Online)(Ker) 15973

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
M/S.NATIONAL INSURANCE COMPANY LTD – Appellant
Versus
BALAKRISHNAN NAIR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SEBASTIAN VARGHESE
For the Respondents: SRI.V.AJAKUMAR, SRI.T.M.CHANDRAN, SRI.SIDHARTH A.MENON

J U D G M E N T

Dated this the 26th day of March, 2025 The 2nd respondent in O.P.(M.V.) No.614/2011 on the file of the Motor Accident Claims Tribunal, Punalur, is the appellant in M.A.C.A.No. 3216/2015 and Cross objection was filed by the claimant therein. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

2. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in a motor vehicle accident that occurred on 13.04.2011. According to the petitioner, on 13.04.2011 at about 12 noon, while he was traveling in a car , another car bearing Reg.No. KL-24/751 driven by the 1st respondent in a rash and negligent manner, hit against the car of the petitioner and as a result of the accident, the petitioner sustained serious injuries.

3. The 1st respondent is the owner cum driver and the 2nd respondent is the insurer of the offending vehicle. According to the petitioner, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. is Rs.8,00,000/-

4. The insurance company filed a writt

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