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2025 Supreme(Online)(Ker) 42905

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
BINDU P.K. – Appellant
Versus
THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: A.N.SANTHOSH
For the Respondents: JOE KALLIATH

C.S.SUDHA, J.

----------------------------------------------------

M.A.C.A. No.1493 of 2020 ---------------------------------------------------- Dated this the 23rd day of September 2025 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.1091/2015 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 07/08/2019. The sole respondent herein is the third respondent/insurer in the petition. In this appeal, the parties and documents will be referred to as described in the original petition.

2. According to the claim petitioners, on 14/01/2015 at about

10:45 a.m. while the deceased was sitting in his autorickshaw bearing registration no.KL.30.D.14 parked at the autorickshaw stand in front of Neethi Stores at the place by name Kodukulanji, bus bearing registration no.KL.29.1121 driven by the first respondent in a rash and negligent manner knocked him down, as a result of which he sustained grievous injuries to which he succumbed. A sum of ₹

50,00,000/- was claimed as compensation under various heads. 3. The

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