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2025 Supreme(Online)(Ker) 49710

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
RAJAN.A.A – Appellant
Versus
JALEEL.P.K – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.P.S.APPU, SRI.A.R.NIMOD
For the Respondents: SHRI.THOMAS MATHEW NELLIMOOTTIL

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 claim petitioners in O.P.(MV) No.2591/2008 on the file of the Additional Motor Accidents Claims Tribunal - IV, Thrissur (the Tribunal), aggrieved by the amount of compensation granted by Award dated 16/03/2016. The respondents herein are the respondents 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 sister of deceased minor girl, Athira. According to the claim petitioners, on 28/10/2008 at about 05:15 p.m., while the deceased was walking along with her friend through the Kizhakke Tippu Sulthan road at Chooloor and when she reached near Chooloor Kinar bus stop, tipper lorry bearing registration no.KL-48/8072 driven by the second respondent in a rash and negligent manner knocked her down, as a result of which she sustained grievous injuries to which she succumbed.

3. The first respondent-owner and the second respondent-driver remained ex-parte.

4. The third respondent-insurer filed written statement admitting the policy but denying negligence on the part of t

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