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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
THE NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
THANKAMANI – Respondent
| Table of Content |
|---|
| 1. appeal against tribunal's award regarding motor accident. (Para 1 , 2 , 3) |
| 2. parties raised contentions on negligence. (Para 4 , 5 , 6 , 10) |
| 3. court assessed evidence for determining negligence. (Para 7 , 11 , 12 , 13 , 17) |
| 4. final ruling modified the negligence apportionment. (Para 8 , 9) |
| 5. previous acquittal's effect on evidence relevance. (Para 14 , 15) |
J U D G M E N T
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the third respondent/insurer in O.P. (MV) No.49/2018 on the file of the Motor Accidents Claims Tribunal, Taliparamba (the Tribunal), aggrieved by the Award dated 27/08/2019. 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 parents and sisters of the deceased. According to the claim petitioners, on 12/02/2017 at about 07:30 p.m., while the deceased was riding motorcycle bearing registration No. KL-60-960 through Kalikadavu-Anoor public road and when he reached near Anoor V.V. Smaraka Mandiram, tempo traveller bearing registration No.KL-38-E-5250 driven by t
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