IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN RD MONDAY, THE 3 DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946 MACA NO. 179 OF 2019 AGAINST THE AWARD DATED 04.08.2018 IN OPMV NO.179 OF 2016 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR APPELLANT/3RD RESPONDENT IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, GURGAON NOW REPRESENTED BY ITS LEGAL MANAGER, IFFCO BHAVAN,THOTTAKKAT ROAD, KOCHI-11.

BY ADVS.

MATHEWS JACOB (SR.)

SRI.P.JACOB MATHEW RESPONDENT/PETITIONER:

GEETHA SUDARSHANAN, W/O SUDARSHANAN, KOZHIKKAL HOUSE,MADAPLATHURUTHU, MOOTHAKUNNAM VILLAGE, ERNAKULAM DISTRICT, PIN 683 516 BY ADVS.

SRI.A.N.SANTHOSH SRI.G.BALAMURALEEDHARAN (PARAVUR)

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This appeal has been filed by the third respondent-Insurer in OP(MV) No.179 of 2016 on the file of the Motor Accidents Claims Tribunal, North Paravur. The respondent herein is the claimant before the tribunal.

2. According to the claimant, on 10.04.2016, at 9.45 a.m., while she was pillion riding on a motorcycle bearing registration No.KL-42-E-7181 along the eastern side of N