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2025 Supreme(Online)(Ker) 25954

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
NATIONAL INSURANCE CO.LTD KAYAMKULAM – Appellant
Versus
MARY, ALAN GEORGE, ALEENA GEORGE, AMMINI, SADIQUE.K.S. – Respondent


Advocates:
For the Appellants/Petitioners: E.M.JOSEPH
For the Respondents: C.J.VARGHESE VINU

Table of Content
1. details regarding the appeal and circumstances of the accident. (Para 1 , 2)
2. arguments presented by both sides concerning liability. (Para 3 , 4 , 5 , 6)
3. final rulings and modifications to the award based on presented claims. (Para 7)

JUDGMENT

This appeal is filed by the appellant/2nd respondent in O.P (MV) No.1596 of 2007 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha challenging the liability to indemnify the insured. The respondents herein are the claimants and the 1st respondent before the tribunal.

2. According to the respondents/claimants, on 13.11.2006 at 04.30 pm, while the deceased George was riding the motorcycle, when he reached the place of occurrence, suddenly the motorcycle slipped and the deceased fell on the road. As a result of the accident, he sustained serious injuries and succumbed to the injuries on the same day. The appellant approached the tribunal claiming a total compensation of ₹4,88,000/-.

3. Heard the learned standing counsel appearing for the insurance company and the learned counsel appearing for the claimants/respondents.

4. The learned standing counsel appearing for the insurance company submitted that the

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