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2023 Supreme(Online)(KER) 22699

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SHEREENA.A – Appellant
Versus
SREEKANTH.S – Respondent


Advocates:
T.V.NEEMA, SRI.MATHEWS JACOB (SR.), SRI.P.JACOB MATHEW

JUDGMENT

This original Petition is filed challenging the order dated 10.12.2020 in I.A. No. 2/2020 in O.P.(M.V.) No. 756/2017 on the file of Motor Accidents Claims Tribunal, Pathanamthitta. By the impugned order, the Claims Tribunal has rejected the application filed by the claimant to examine a certain Asim Ahammed @ Asim, who was the pillion rider in the bike ridden by the deceased Manzoor.

2. The learned counsel appearing for the petitioner submits that the order passed by the Motor Accidents Claims Tribunal cannot be sustained under law as the only reason stated therein is that the proposed witness has also filed O.P.(M.V.) No. 1129/2017 u/s 163A of the Motor Vehicles Act against the respondents. It is stated that the original petition filed by the claimants is one filed u/s 166 of the .

3. The learned counsel appearing for the Insurance Company submitted that the application is filed belatedly and that, too, at the time of hearing of the matter. It is submitted that ample opportunities were granted, which were not availed.

4. I have considered the submissions advanced.

5. The petitioners herein are the claimants in O.P.(M.V) No.

756/2017, which is one filed u/s 166 of the Motor

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