HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SUBIN – Appellant
Versus
THE NIEW INDIA ASSURANCE COMPANY LTD – Respondent
JUDGMENT
Dated this the 5th day of March 2021 These three appeals are filed by the New India Assurance Company Limited. The insurance company is the 3rd respondent in OP(MV).No.266/2005, OP(MV). No.268/2005 and OP(MV).No.269/2005 on the file of the Motor Accidents Claim Tribunal, North Paravur. In MACA No. 1076/2010 and MACA No. 1054/2010 a cross objection is also filed by the claimants for enhancement of compensation. Since all these cases are connected, I am disposing these appeals by a common judgment. (Hereinafter the parties are mentioned in accordance to their rank before the tribunal).
2. The short facts are like this:-
On 05.03.2005 all the claimants were traveling in a motorcycle bearing registration No. KL7/AC-4067 along the Kodungallur Paravur road. Two of them were pillion riders and the other one was the rider of the motorcycle. When they reached at Moothakunnam Junction, the motorcycle after giving signal turned to Maliankara road. While so, a van negligently driven by the 1st respondent, came from the opposite direction and hit on the motor cycle and thereby claimants sustained injuries. Three separate claim petitions were filed under Section 166 of the Motor Vehicles
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