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2022 Supreme(Online)(KER) 12684

HIGH COURT OF KERALA
M.R.ANITHA, J
ASWIN SAI – Appellant
Versus
IFFCO TOKIO GENERAL INSURANCE CO. LTD – Respondent


JUDGMENT

This appeal has been filed against the award passed in O.P.(MV) No.1081/2010 on the file of Motor Accident Claims Tribunal, Palakkad. Claim petition has been filed under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') for the injuries sustained by the claimant in a motor accident occurred on 13.03.2009 at about 3.15 p.m, while he was sitting on the edge of the road at Karikode, Mannam, a motorcycle bearing Registration No.KL-09 V 9885 hit him resulting in grievous injuries to him. A total compensation of Rs.1,50,000/- was claimed. It is alleged that accident occurred due to the rash and negligent riding of the motorcycle by the first respondent.

2. Before the Tribunal, first respondent remained ex parte. The second respondent insurer did not deny the insurance coverage with respect to the offending vehicle. It is contended that there is a delay of nearly two weeks in reporting the accident to the police. The claimant was put to proof of the allegation regarding rashness and negligence on the part of the respondent, the injuries sustained and the amounts claimed.

3. Exts.A1 to A9 were marked and PW1 examined on the side of the appellant/claimant (hereinafter

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