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2024 Supreme(Online)(KER) 53713

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
PHILOMINA GEORGE – Appellant
Versus
V.S.AJMAL – Respondent


Advocates:
SRI.K.V.RAJAN, SRI.N.S.NAJEEB, SRI.P.JAYASANKAR

J U D G M E N T

The appellants were the petitioners in O.P. (MV)No.2000 of 2010 on the files of the Motor Accidents Claims Tribunal, Ernakulam.

2. The said claim petition was filed by the appellants, seeking compensation for the death of one K.J. George due to the injuries sustained in a motor accident that occurred on 22.09.2010. The deceased was the husband of the 1st appellant and the father of appellants 2 and 3. The accident occurred when he was knocked down by the vehicle driven and owned by the 1st respondent. The said vehicle was insured with the 2nd respondent. The deceased was aged 71 years at the time of the accident and he claimed to be a construction worker with a monthly income of Rs.4,000/-. The claim petition was submitted in such circumstances, seeking compensation.

3. The 2nd respondent resisted the claim by submitting a written statement in which they admitted the coverage of the policy with respect to the said vehicle. They disputed the liability on various grounds, and the quantum of compensation as well.

4. The evidence in this case consists of Exts.A1 to A11 from the side of the appellants. No evidence was adduced by the respondents. After the trial, the Tribunal

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