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2024 Supreme(Online)(KER) 52777

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
SUBAIDA – Appellant
Versus
C.D.BISO – Respondent


Advocates:
ADV SRI.K.K.MOHAMED RAVUF, GEORGE A.CHERIAN, SC, NATIONAL INSURANCE COMPANY LIMITED, ADV. P.G. JAYASHANKAR, PGJ, P.K.RESHMA (KALARICKAL)(K/875/2014), S.RAJEEV (K/001711/2019)(K/001711/2019), SAJANA V.H(K/1174/2021), SHAIJU GEORGE(K/001271/2021), AADERSH R.S. PANICKER(K/1255/2021)

JUDGMENT

The appellants are the petitioners in OP(MAC) No.154/2011 on the files of the Motor Accident Claims Tribunal, Tirur.

2. The said claim petition was submitted by the appellants seeking compensation for the death of one Ali, who died due to the injuries sustained in a motor accident that occurred on 14.02.2010. According to the appellants, the accident occurred when the car he was driving was hit by a tanker lorry driven by the 1st respondent in the claim petition. Consequent to the accident, he sustained serious injuries, and he was taken to the hospital. While undergoing treatment, he died on 03.03.2010. The deceased was aged 42 years as on the date of the accident and he was working as a Pharmacist in American European Medical Centre in Abudhabi. The monthly income claimed was Rs.25,000/-. The appellants are the wife, mother and the three children of the deceased. The claim petition was submitted in such circumstances.

3. The 1st and 2nd respondents, the owner and driver of the vehicle did not contest the matter. The 3rd respondent insurance company filed a written statement admitting the coverage of policy for the vehicle. However, they disputed the negligence as well as th

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