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2025 Supreme(Online)(Ker) 35749

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
THE NEW INDIA ASSURANCE CO.LTD. – Appellant
Versus
RAMYA UDAYAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN
For the Respondents: SRI.RAHUL SASI, SMT.NEETHU PREM

JUDGMENT

This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the second respondent/insurer in O.P. (MV) No.2666/2017 on the file of the Additional Motor Accidents Claims Tribunal, Ernakulam (the Tribunal), aggrieved by the Award dated 29/07/2019. The respondents herein are the claim petitioners in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. The claim petitioners are the children and mother of the deceased. According to the claim petitioners, on 10/09/2017 at about 06:45 p.m., while the deceased was riding his scooter bearing registration No. KL-7/BZ-9216 through Kalamassery University road, motorcycle bearing registration No. KL-23/N-1499 ridden by the first respondent in a rash and negligent manner knocked him down as a result of which he sustained grievous injuries, to which he succumbed. An amount of ₹25,00,000/- was claimed as compensation under various heads.

3. The first respondent/rider filed written statement denying negligence on his part. The age, job, income, nature of injuries etc. were disputed.

4. The second respondent/insurer filed written statement admit

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