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C.S.DIAS, J
MANAGER, UNITED INDIA INSURANCE CO.LTD. – Appellant
Versus
MEENAKUMARI – Respondent
| Table of Content |
|---|
| 1. background of the case and the nature of the claim. (Para 1 , 2 , 3 , 6) |
| 2. procedural aspects and evidence presented. (Para 5) |
| 3. arguments presented by both parties. (Para 8 , 9) |
| 4. court's observations on evidence and prior case law. (Para 10 , 12 , 14) |
| 5. final decision and dismissal of the appeal. (Para 11 , 13) |
JUDGMENT
The appellant - Insurance Company was the second respondent in OP(MV) No.9/2008 on the file of the Additional Motor Accidents Claims Tribunal-II, Thiruvananthapuram. The respondents in the appeal were the supplemental petitioners 2 to 4 before the Tribunal. The first petitioner died during the pendency of the claim petition. Pursuant to the order in IA 4165/2010 dated 22.8.2014, supplemental petitioners 2 to 4 – the wife and children of the deceased original petitioner - were impleaded in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.
2. The original petitioner had filed the claim petition under section 166 of the Motor Vehicles Act, 1988 , inter alia, contending that on 28.10.2007, while the first petitioner – Kumaran Nair (deceased) – was walking through the Kawdiar -Amba
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