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2021 Supreme(Online)(KER) 40469

HIGH COURT OF KERALA
P. G. Ajithkumar, J
M/S.NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
FASILA AND OTHERS – Respondent


Advocates:
R1 BY ADV. U.P.BALAKRISHNAN R1-6 BY ADV. SRI.K.R.AVINASH (KUNNATH) R2-6 BY ADV. SRI.U.P.BALAKRISHNAN SRI.LAL.K.JOSEPH FOR APPELLANT

JUDGMENT

These three appeals are filed by M/s. New India Assurance Co. Ltd., who is the Respondent No.3 in O.P(M.V). Nos. 1143/2007, 854/2007 and 393/2008 on the file of the Motor Accident Claims Tribunal, Vatakara. The claimants in O.P(M.V) No. 1143/2007 are the legal heirs of the deceased Sakeer, the claimant in O.P(M.V) No. 854/2007 is the injured and the claimant in O.P(M.V) No. 393/2008 is the owner of the motor bike, which is involved in this accident. The owner of the motor bike claimed compensation for loss sustained to the vehicle. These three cases were considered by the Tribunal and disposed by a common order.

2. The short facts are like this:- On 17.06.2007, at about

5.00 p.m, the deceased Sakeer S/o Ammad was riding motor Cycle bearing Registration No. KL-18/1828, from Meppayyur to Vilayattoor with the claimant in O.P(M.V) No. 854/2007 as pillion rider. When the motor cycle reached near Manhakkulam Petrol Pump, a jeep bearing Registration No.

KL-11/H-694 driven by the 2nd respondent in the claim petitions, came in a rash and negligent manner and hit against the motor cycle and its rider. The rider of the motor cycle sustained fatal injuries and the pillion rider who is th

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