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2023 Supreme(Online)(KER) 23989

HIGH COURT OF KERALA
Devan Ramachandran, J
RELIANCE GENERAL INSURANCE CO. LTD.
– Appellant
Versus

SOUMYA – Respondent


Advocates:
GEORGE A.CHERIAN, LATHA SUSAN CHERIAN, A.R.NIMOD, M.A.AUGUSTINE(K/000511/2005)

JUDGMENT

A very interesting contention is impelled by the appellant, which is an Insurance Company, that since the deceased was not wearing a helmet while riding his two wheeler, he should be deemed to have contributed to the accident.

2. I must upfront say that this Court is not enamoured with the afore contention and will presently state the reasons for saying so, after the most essential facts are recorded.

3. This appeal, by the Reliance General Insurance Company Ltd., has been filed against the Award of the Motor Accidents Claims Tribunal, Thrissur (‘Tribunal’ for short) in O.P(MV)No.180 of

2018.

4. Going by the constitutive facts involved, late Biju was riding his motor cycle along the Wadakanchery – Trissur Road, when he was knocked down by the offending car driven in a rash and negligent manner. Biju unfortunately died, succumbing to the injuries; and his legal heirs - the respondents herein - filed the afore Original Petition, seeking compensation to an extent of Rs.48,87,800/-, which has been awarded by the Tribunal to a sum of Rs.38,60,000/- .

5. The appellant - Insurance Company alleges that the compensation awarded by the learned Tribunal under the head ‘Loss of Dependency’

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