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2022 Supreme(Online)(Ker) 79783

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.R.ANITHA, J
SMT.SUNITHA SURESH – Appellant
Versus
BINU ALIAS KUNJU – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.J.MICHAEL, SRI.JOSE MATHEW KAVALAKALAM
For the Respondents: GEORGE CHERIAN (SR.), GEORGE A.CHERIAN, ALEXY AUGUSTINE, ADV.LATHA SUSAN CHERIAN - R3

JUDGMENT

This appeal is directed against the Award passed in O.P.(MV) No.29/2009 on the file of Motor Accident Claims Tribunal, Pala.

2. Appellants are the claimants in the above O.P.(MV) and the legal heirs of deceased Suresh Babu. The claim petition has been filed under Section 166 of Motor Vehicles Act, 1988 (in short the Act) claiming a total compensation of Rs.20 lakhs on account of the death of deceased Suresh Babu (hereinafter be referred as the deceased). The 1st appellant is the wife, 2nd appellant is the mother and appellants 3 and 4 are the minor children of the deceased.

3. The incident was on 30.06.2008 at about 4.30 p.m. near Kadaplamattom junction in Kidangoor-Kadaplamattom road, while the deceased was traveling in an autorickshaw bearing Reg.No.KL- 05/M 1403 driven by the 1st respondent. Though, he was taken to Medical College Hospital, Kottayam, he succumbed to injuries on the way to the hospital. It is alleged that the accident occurred due to the rash and negligent driving of the 1st respondent. 2nd respondent is the registered owner of the offending vehicle and 3rd respondent is the insurer.

4. Before the Tribunal, 1st and 2nd respondents remained ex-parte.

5. The

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