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2024 Supreme(Online)(KER) 3899

HIGH COURT OF KERALA
Shoba Annamma Eapen, J
SALIM – Appellant
Versus
AMALJITH – Respondent


JUDGEMENT

The above appeal is filed by the claimant in O.P(MV) No.584/2016 on the file of the Motor Accidents Claims Tribunal, Kollam challenging the dismissal of the award passed by the Tribunal.

2. According to the appellant, the appellant met with an accident on 22.09.2015 while waiting for his brother-in-law in front of Syndicate Bank, Chathannoor. The offending vehicle bearing Reg.No.Kl-02/AP-8190 driven by the second respondent in a negligent manner, hit down the appellant and as a result, the appellant fell down on the road and sustained severe injuries. The appellant preferred a claim petition claiming compensation of Rs.7,47,000/- along with interest and cost from the respondents.

3. Respondent Nos. 1 and 2 filed a written statement jointly contending that the compensation claimed under various heads is exorbitant and exaggerated. The third respondent filed a written statement stating that there was no negligence on :-3-:

    the part of the second respondent for the accident.
    Though the offending vehicle was having a valid insurance policy with the third respondent on the date of the accident, because of the violation of the policy conditions, the insurer is not bound to indemnify

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