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2025 Supreme(Online)(Ker) 17060

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
ANUGRAHA BABY – Appellant
Versus
BABU T. – Respondent


Advocates:
SRI.DINNY THOMAS, SHRI.LAL K.JOSEPH, SC, NEW INDIA ASSURANCE COMPANY LTD.

J U D G M E N T

This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioner in O.P.(MV) No.508/2016 on the file of the Motor Accidents Claims Tribunal, Thodupuzha, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 04/09/2019. The respondents herein are the respondents in the original petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. The claim petitioner is a minor girl aged 15 years. According to the claim petitioner, on 16/12/2015 at about 01:15 p.m., while she was travelling from Thankamani to Ettikkavala in autorickshaw bearing registration no.KL-37/A-9002 and when the autorickshaw reached near the convent at Ettikkavala, it collided with a lorry which came from the opposite direction. The autorickshaw turned turtle as a result of which she sustained grievous injuries. The accident occurred only due to the rash and negligent driving of the autorickshaw by the first respondent. A sum of ₹4,50,000/- was claimed as compensation under various heads.

3. The first respondent driver and the second respondent owner remained ex parte.

4. The th

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