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2022 Supreme(Online)(KER) 16629

HIGH COURT OF KERALA
MANIRAJ – Appellant
Versus
P.K.SAIDALAVI – Respondent


Advocates:
RENIL ANTO KANDAMKULATHY

J U D G M E N T

This appeal is at the instance of the petitioners in O.P.(MV)No.981 of 2009 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The respondents herein are the respondents before the Tribunal. 2. Heard the learned counsel for the appellants as well as the learned Standing Counsel for the insurance company.

3. Brief facts of the case are as follows:

Consequent on the death of one 'Vishnu' aged

13 years, who was studying in 8th standard at the time of accident, the parents and minor sibling approached the Tribunal and pressed for granting compensation to the tune of Rs.2,50,000/- on the ground that the above said Vishnu died in an accident occurred on 15.11.2008 at about 7.00 a.m., while he was pedaling his cycle on the public road near Pavangad junction and when he was hit down by a car bearing Registration No.KL-11-Z- 2627 came from Calicut side driven by the first respondent, owner cum driver of the car. 4. R1 was set ex-parte by the Tribunal.

5. R2, the insurance company filed written statement disputing the accident and negligence, while admitting policy. Quantum also was disputed.

6. The Tribunal adjudicated the claim, acting on documentary evidence marked

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