IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TH TUESDAY, THE 24 DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946 MACA NO. 2422 OF 2012 AGAINST THE AWARD DATED 28.06.2012 IN O.P (MV) NO.695 OF 2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM APPELLANT/2ND RESPONDENT :-

ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED KARUNAGAPALLY NOW REP.BY ITS MANAGER, SUBRAMANIAM BUILDING, CLUB HOUSE ROAD,ANNASALAI, CHENNAI-5000002 BY ADVS.

SRI.MATHEWS JACOB (SR.)

SRI.P.JACOB MATHEW RESPONDENTS/PETITIONERS :-

1 SHAMNA SHEREEF D/O.SUBAIDA BEEVI, PUTHEN VEEDU, THAZHATHCHERRI,KOOTIKKADA,ERAVIPURAM P.O,691320

2 KUMARI FATHIMA SHEREEF MINOR D/O.SHEREEF PUTHEN VEEDU, THAZHATHECHERRI,KOOTIKKADA, ERAVIPURAM P.O., 3 KUMARI SARA SHEREEFMINOR D/O.SHEFEEF, PUTHEN VEEDU, THAZHATHCHERRI,KOOTTIKKADA, ERAVIPURAM P.O THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This appeal has been filed by the 2nd respondent/insurance company in O.P (MV) No.695 of 2009 on the file of the Motor Accidents Claims Tribunal, Kollam. The respondents herein were the petitioners before the Tribunal.

2. The facts o