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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Not mentioned, J
Third Respondent/Insurer – Appellant
Versus
Claim Petitioners – Respondent
| Table of Content |
|---|
| 1. facts surrounding the accident and compensation claim. (Para 1 , 2 , 6) |
| 2. responses and arguments presented by the parties. (Para 3 , 4 , 5 , 10) |
| 3. court's observations on the tribunal's application of the law. (Para 8 , 11) |
| 4. the final ruling and reaffirmation of compensation under section 166. (Para 12) |
J U D G M E N T
This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the third respondent/insurer in O.P.(MV) No.77/2018 on the file of the Motor Accidents Claims Tribunal, Kalpetta, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 14/08/2019. The respondents herein are the claim petitioners, first respondent and supplementary respondent nos.4 to 6 respectively in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.
2. According to the claim petitioners, on 30/05/2015 at 10:00 a.m., the deceased was walking through the extreme side of the road from Puzhivayal to Kartikulam and when he reached near Valanchery palam, jeep bearing registration no.KL-12/A-5679 driven by the first respondent in a rash and negligent manner, knocked down t
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