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2024 Supreme(Online)(KER) 17151

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
LATHA – Respondent


JUDGMENT

The appeal is filed by the Insurance Company, which is the

2nd respondent in the O.P(M.V) No. 178 of 2016 of the Motor Accidents Claims Tribunal, Palakkad.

2. The claim petition was submitted by respondents 1 and

2 herein, who are the daughters of one Muthammal, who died due to the injuries sustained in a motor accident that occurred on 04.10.2015. The accident occurred when a motorcycle bearing registration No.TN-41/AC-3184 ridden by the 1st respondent in the claim petition in a rash and negligent manner knocked down her while she was walking through the road. Consequent to the injuries, she died on 30.10.2015.

3. The appellant resisted the claim petition by filing a written statement wherein they disputed the negligence. However, they accepted the coverage of the policy of the said vehicle. The tribunal found that the accident occurred due to the negligence of the rider of the motorcycle and being the insurer, the liability was imposed upon the appellant. The quantum of compensation was fixed as Rs.9,15,786/- and the said amount was directed to be deposited by the appellant herein with interest at the rate of 9% per annum from the date of petition till realisation. This appe

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