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HIGH COURT OF KERALA
Shoba Annamma Eapen, J
RENIL S. – Appellant
Versus
VARUN – Respondent
| Table of Content |
|---|
| 1. details of the accident and parties involved. (Para 1 , 2) |
| 2. response and statements from respondents regarding negligence. (Para 3 , 4) |
| 3. legal findings on negligence and applicability of section 163a. (Para 5 , 6) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV)
No.1560 of 2013 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The respondents herein are the respondents before the Tribunal.
2. According to the appellant, on 25.11.2012, at about
6.30 a.m., while he was riding a motorcycle bearing registration No.KL-11-G-4166 from Wayanad to Kozhikode, another motorcycle bearing registration No.KL-11-Q-5673, ridden by the first respondent in a rash and negligent manner, hit the appellant and as a result, he sustained serious injuries.
3. The respondent-insurer filed a written statement, denying the negligence of R1 in driving the vehicle and contended that the accident occurred due to the sole negligence of the appellant. First respondent also filed a written statement, denying the negligence attributed to him and contended that the accident occurred due to the negligence of the appellant, who entered the main road carelessly. A charge sheet w
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