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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
VIJAYALAKSHMI.A. – Respondent
| Table of Content |
|---|
| 1. facts surrounding the accident and claim petition. (Para 1 , 2 , 3) |
| 2. disputes regarding the policy and evidence. (Para 4 , 5 , 6) |
| 3. discussion on the points of contention. (Para 7) |
| 4. arguments regarding retrospective application. (Para 9 , 10) |
| 5. final determination on compensation awarded. (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 second respondent/insurer in O.P.(MV) No.505/2015 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta (the Tribunal), aggrieved by Award dated 10/10/2019. The respondents herein are the claim petitioners and first respondent 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 wife, children and father of deceased Unnikrishnan. According to the claim petitioners, on 25/01/2015 at about 09:00 a.m., while the deceased was pillion riding on motorcycle bearing registration no.KL-04- AD-2650 ridden by the first respondent and when they reached near Angadi Marthoma Hospital Junction, due to the rash and negligent riding of the first respondent, he fe
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