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2023 Supreme(Online)(KER) 30487

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
THE MANAGER
– Appellant
Versus

SAJEEVAN – Respondent


Advocates:
P.K. BABU

ORDER

The review petitioner is the 3rd respondent-insurer in M.A.C.A.No.2337 of 2013, arising out of the award dated 30.08.2013 of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P(MV)No.630 of 2010. The said original petition was one filed by the 1st respondent herein-claimant under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 22.04.2010, while he was travelling on a motorcycle bearing registration No.KL-08/AH-6080, as a pillion rider. At the place of the accident, the motorcycle was hit by a lorry bearing registration No.KL-07/H-1825, owned and driven by respondents 2 and 3 herein and insured with the petitioner herein. In the original petition, the claimant claimed a total compensation of Rs.13,46,000/- under various heads, which was limited to Rs.13,00,000/- for the purpose of payment of court fee. The Tribunal, by the award dated 30.08.2013, awarded a total compensation of Rs.5,95,950/- together with interest at the rate of 7.5% per annum from the date of petition till realisation, with proportionate costs. On a finding that the accident occurred due to the rash a

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