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2025 Supreme(Online)(Ker) 40995

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
THE ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
SREELEKHA S W/O.PRADEESHKUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MATHEWS JACOB (SR.), SHRI.P.JACOB MATHEW
For the Respondents: SMT.ANNIE M.ABRAHAM, SHRI.T.S.RAJASENAN, SRI.T.K.BIJU (MANJINIKARA)

Table of Content
1. dispute over liability of insurance in self-accident. (Para 5 , 6)

JUDGMENT This appeal is filed by the 2nd respondent insurance company challenging the liability to pay the compensation awarded by the tribunal in O.P (MV) No.1266 of 2009 of the Motor Accidents Claims Tribunal, Pathanamthitta. The respondents herein are the petitioners and 1st respondent before the tribunal.

2. The case of the claimant before the tribunal is that on

04.10.2009, while the deceased was riding a motorcycle bearing Reg.No.KL-24-A-729 owned by the first respondent, an unidentified vehicle came from the opposite direction without dimming its head light. Due to the negligent act of the driver, the deceased lost control, sustained serious injuries and ultimately succumbed to the injuries.

The legal heirs approached the tribunal claiming compensation.

3. The 1st respondent is the owner of the motorcycle and the

2nd respondent is the insurer. The 1st and 2nd respondents have written statements. The 2nd respondent filed a written statement contending that the accident occurred due to the negligence on the part of the deceased who drove the motorcycle and admitted the policy coverage for the

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