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2021 Supreme(Online)(Ker) 57919

IN THE HIGH COURT OF KERALA AT ERNAKULAM
NATIONAL INSURANCE COMPANY – Appellant
Versus
SARAVANAN – Respondent


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 6TH DAY OF SEPTEMBER 2021 / 15TH BHADRA, 1943 MACA NO. 639 OF 2011 OPMV 3682/2004 OF THE MOTOR ACCIDENT CLAIMS TRIBUNA, THRISSUR APPELLANT/2ND RESPONDENT:

NATIONAL INSURANCE COMPANY LIMITED THRISSUR NOW REPRESENTED BY ITS MANAGER, KOCHI, REGIONAL OFFICE, OMANA BUILDING,, M.G.ROAD, KOCHI –

35.

ADV. MATHEWS JACOB RESPONDENT/PETITIONER:

SARAVANAN, S/O CHANDRAN, ODUVATHODY VEETTIL, PULAKOD, CHELAKKARA- 680586 ADV. SRI.RAJIT. R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The appellant/insurer was the 2nd respondent in OP(M.V) No.3682/2004 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondent in the appeal was the petitioner before the Tribunal. The 1st respondent before the Tribunal has not been impleaded as a party in the appeal. Therefore, the parties are, for the sake of convenience, referred to as per the status in the claim petition.

2. The petitioner had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of the injuries t

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